Terms and Conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the services and products provided by Brainfology Digital Services LLC (“Brainfology Digital Services LLC”, “we”, “us”, or “our”), including but not limited to its website Brainfology.com and any related products and services. This Agreement is legally binding between you (“User”, “you” or “your”) and Brainfology Digital Services LLC.

If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access or use the Services.

By “Brainfology.com”, “our website”,  or “this website” we mean any of the information, products, services offered by Brainfology Digital Services LLC, directly or indirectly, whether through this website (Brainfology.com) or through other means including, but not limited to, links to other websites, emails, messages, or notifications.

By accessing or using Brainfology.com, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Brainfology Digital Services LLC, even though it is electronic and not physically signed by you, and it governs your use of the Services.

Age requirement

You must be at least 18 years of age to use Brainfology.com, except if you meet the minimum age requirements specified in our Privacy Policy. By using our website, products, or services and by agreeing to this Agreement, you warrant and represent that you meet the applicable age requirements.

Privacy policy

We may collect personal information when you use this website. For more information, please visit our Privacy Policy.

User content

We do not own any data, information or material (collectively, “Content”) that you submit on this website in the course of using Brainfology.com. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. Unless specifically permitted by you, your use of the Brainfology.com does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

Backups

We perform regular backups of the Website and its Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.

Links to other resources

Although Brainfology.com may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, Brainfology Digital Services LLC will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using Brainfology.com: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Brainfology.com website, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of Brainfology.com, third party products and services, or the Internet. We reserve the right to terminate your use of Brainfology.com for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Brainfology Digital Services LLC or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Brainfology Digital Services LLC. All trademarks, service marks, graphics and logos used in connection with Brainfology.com, are trademarks or registered trademarks of the Brainfology Digital Services LLC or its licensors. Other trademarks, service marks, graphics and logos used in connection with Brainfology.com may be the trademarks of other third parties. Your use of the Brainfology.com grants you no right or license to reproduce or otherwise use any of the Brainfology Digital Services LLC or third party trademarks.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Brainfology Digital Services LLC, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of the Brainfology Digital Services LLC and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to the Brainfology Digital Services LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold the Brainfology Digital Services LLC and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of Brainfology.com or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the United States of America without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in The United States of America, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms related to the Brainfology.com website, and its related products and services, at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of Brainfology.com after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using this website you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use Brainfology.com.

Contacting us

If you have any questions related to our website and services, concerns, or complaints regarding this Agreement, we encourage you to contact us using the form located in the page below:

https://www.brainfology.com/contact-us/

This document was last updated on August 08, 2024.