Terms of Service

Effective: May 21, 2017

 

Introduction

The following terms constitute an agreement between you and Brain Power, LLC (“Brain Power”), the operator of my.brain-power.com (the “Site”). This agreement governs your use of the Site, both as a casual visitor and a registered member as described below. This agreement also governs your use of the Brain Power Autism System in combination with the Site (“Platform”).

By accessing or using the Site, you agree to be bound by the terms of this Agreement. To the extent you register on the Site as a member, then in addition to the terms that are applicable to all users of the Site, the terms that apply only to members shall apply to you too.

Membership Eligibility

To become a member and access the area on this Site reserved for members (the “Member Area”), Brain Power requires that you are either (a) diagnosed with a neurodevelopmental disorder, such as autism spectrum disorder, or are a parent or legal guardian acting for such a person who is under 18 years of age or requires assistance, (b) caregiver for a person with a neurodevelopmental disorder, (c) health care professional (e.g. doctor, nurse, health researcher, etc.), (d) guest with legitimate, non-commercial reasons to participate in the community and who agrees to respect the privacy and preserve the dignity of all community participants or (e) guest as authorized by Brain Power employee.

Children under the age of 13 are prohibited from registering as members. By registering as a member you represent that you are age 13 or older.

This Site Does Not Provide Medical Advice

All of the material provided on the Site, such as text, activities, outcomes, charts, profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided on the Site are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

Brain Power does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Brain Power, by persons appearing on the Site at the invitation of Brain Power, or by other members is solely at your own risk.

Acceptable and Lawful Use of Site by Members

Members shall not post or upload any information or other content on the Site that (a) is false, inaccurate or misleading; (b) is obscene or indecent; or (c) is defamatory, libelous, threatening, abusive, hateful, or contains pornography. Members shall not interfere with other members’ use and enjoyment of the Site (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). Members may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.

All members represent and warrant that the information they provided when registering as a member, and all information that they subsequently provide regarding themselves and their membership, is true and accurate and not misleading.

No Interference with Operation of Site

 You may not use any robot, spider, scraper, or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by members, or collect information about our members, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your membership account to take such actions.

Site for Non-Commercial Use Only

 The Site content is for the personal use of individual members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the Site without express consent from Brain Power. Members of Brain Power with individual commercial interests may not solicit or overtly promote their products or services within the Member Area. All content shared within the site is not for external use. To garner permission and access to members, please direct all media and analyst inquiries to outreach@brain-power.com and all research requests to research@brain-power.com. Representatives from life sciences and insurance companies are prohibited from creating profiles in our communities. Please direct inquiries to support@brain-power.com.

Privacy

 You agree that you have read, understood and accept Brain Power’s Privacy Policy. This policy explains Brain Power’s collection of personal and non-personal information from you when using the Site and its use of and sharing of such personal and non-personal information.

Posting and Use of Content

 The Site may include community areas, such as forums and member areas, where members may post messages, images, and other content (“User Submissions”). If you are a member, you (or the author) owns the copyright in the messages, images, and other content you post in the Member Area, but by posting such content within User Submissions to the Member Area you grant Brain Power and our affiliates the right to use, copy, display, perform, distribute, translate, edit, and create derivative works of your User Submissions, subject to the terms of the Privacy Policy.

While some community areas in the Member Area are monitored periodically for topicality, Brain Power has no obligation to prescreen postings and is not responsible for their content. We encourage you to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason.

You agree not to disclose to any person or entity personally identifiable information about other members that you encounter while using this Site (whether posted in the Member Area by a member or emailed to you by a member) without the express consent of such member. You may disclose information of a general nature (that could not identify the member who provided such information or whom such information is about) to third parties outside this Site, subject to the above restriction on non-commercial use.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any User Submission or other content at this Site infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If a User Submission that you submitted has been removed as a result of a notification as described above and you believe that such a User Submission or portion of a User Submission was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the User Submission content at issue.

Brain Power’s designated Copyright Agent for notice of claims of infringement is:

Brain Power, LLC
Ned Sahin
One Broadway, 14th Floor
Cambridge, MA 02142
Email: copyright@brain-power.com

Only notices of alleged copyright infringement and requests about the counter-notification procedures should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Brain Power at support@brain-power.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.

Member Password and Login Identity

 You are responsible for maintaining the confidentiality of your member password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your membership privileges may be suspended temporarily or terminated. You agree to immediately notify Brain Power of any unauthorized use of your membership password or login or any other breach of security.

Links to Other Websites

 The Site may contain links to other websites that are not under the control of Brain Power. The inclusion of any link does not imply endorsement by Brain Power of such site and Brain Power is not responsible for the content of such linked sites.

Modifications to this Agreement

 We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes, which will have an updated effective date.

Membership Termination

 You agree that Brain Power may, with or without cause, immediately terminate your Brain Power membership or limit or terminate your access to the Site without prior notice. Without limiting the foregoing, the following may lead to a termination by Brain Power of a member’s membership and use of the Site: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Brain Power has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.

Fees

 Membership with Brain Power may include fees. Brain Power reserves the right to from time to time change the terms of this Agreement and alter membership fees and/or to provide additional optional services for fees.

Disclaimer of Warranties

 The Site and the content and services made available on the Site are provided on an “as is” and “as available” basis. Brain Power does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Site, the Site content, or any advice or services provided through the Site to the extent permitted by law. Brain Power does not warrant that access to the Site or its content or services will be uninterrupted or error-free or that defects in the Site will be corrected.

Limitation of Liability

 Under no circumstances shall Brain Power, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of this Site or due to your reliance on any of the content contained or the services provided on the Site.

Indemnification

 You agree to indemnify and hold harmless Brain Power, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

International Users

 Brain Power makes no claims that information on the Site is appropriate or may be downloaded outside of the United States. Personal information (“Information”) that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law and our Privacy Policy. If you are a non-U.S. user, you acknowledge and agree that Brain Power may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy. If you do not consent to such transfer, you may not use this Site.

Member Notices

 If you register as a member, you agree that Brain Power may send notices to you by email at the email address you provide when registering to become a member (or which you later update using the functionality of the Site).

ARBITRATION CLAUSE AND CLASS ACTION WAIVER—IMPORTANT—PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

 YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS TERMS AND CONDITIONS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this Terms and Conditions.

  1. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Governing Law and Venue

 This agreement shall be governed by the laws of the Commonwealth of Massachusetts and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Site, shall be litigated exclusively in the state and federal courts residing in the Commonwealth of Massachusetts, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the Commonwealth of Massachusetts.

Miscellaneous Terms

 Brain Power™ and the Brain Power logo are trademarks of Brain Power. You agree not to display or use these trademarks in any manner without Brain Power’s prior, written permission.

Brain Power may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement.

If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

For any questions or comments, or to report violations of this agreement, please let us know, or contact us at:

Brain Power, LLC
Attn: Terms and Conditions Issues
One Broadway, 14th Floor
Cambridge, MA 02142

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