Terms of Service
Before using this Website, please read the Terms of Use set forth below. By using this Website you agree to be bound by the Terms of Use. BrainWaveTrail and its affiliates and subsidiaries (“We” or such conjugation thereof as the context may require) reserve the right to review and revise the Terms of Use from time to time without prior notice and, by using this site subsequent to any revision of the Terms of Use, you agree to be bound by such changes. If you find the Terms of Use to be unacceptable, you must immediately terminate your use of this Website. This Website is made available for your personal, non-commercial use only. You may not use this Website to sell a product or service or to increase traffic to your Website for commercial reasons, such as advertising sales. You may not take the results from any type of Web search and reformat and display them, or mirror the Website home page or results pages on your Website. If you want to make commercial use of the Website, you must enter into an agreement with the BrainWaveTrail.com Site to do so in advance. Please contact us for more information.
1. NO REPRESENTATIONS OR WARRANTIES
The services provided on this Website and the content, information, documents, graphics, and images published at this Website could include inaccuracies, typographical errors, or other errors. We make no commitment, however, to update what is contained in this Website. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue, or delete the same without prior notice. Consequently,
TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS Website ARE PROVIDED “AS IS,” AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.
Users of this Website should not rely upon opinions expressed at this Website when making business, financial, personal, or other decisions. Furthermore, we do not endorse the opinions of third parties expressed on this Website or on linked Websites.
2. PRIVACY POLICY
The information that BrainWaveTrail.com obtains through your use of our sites, is subject to our Privacy Policy. That privacy policy contains terms and conditions that govern our collection and use of the information you provide us and our respective rights relative to that information. Please review our Privacy Policy before you use our sites. Your use of our sites indicates an agreement to our Privacy Policy.
3. USER WARNINGS/USER CONDUCT
We make certain services available, including without limitation, e-mail, chat rooms, message boards, and other community services; provided that you agree to abide by the terms and conditions contained in these Terms of Use. Without limiting the generality of the foregoing, in consideration for our providing such services, you also agree not to:
- Violate any applicable law, regulation, or rule;
- Harass, offend, threaten, embarrass, distress, or invade the privacy of any individual or entity;
- Post or transmit any commercial, advertising, or promotional materials, including without limitation, “spam” or mass distributions;
- Provide false information on your registration form or impersonate another person at any point;
- Post or transmit false, inappropriate, improper, disorderly, or excessive messages or information.
- Post any material that infringes upon any third party’s copyright, trademark, patent, or other intellectual property rights.
If you violate such terms, we may, without prior notice and without liability to you, ban you from any and all services, terminate your registration, delete your messages or postings, and take any other action we deem appropriate in our sole discretion. With reference to any services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations, and restrictions for administering such services, including without limitation: how often a service or account may be accessed; the maximum number of days that messages or postings will be retained; the maximum number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for an account; and all other matters related to administration of services, and you agree to be bound by such practices. You agree that we are not responsible or liable for deactivation or deletion of accounts or for loss of emails, communications, postings, data, or information as a result of, or arising out of, our administration of such services.
We assume no responsibility for the accuracy, integrity, quality completeness, usefulness, or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any e-mails, message boards, chat rooms or community services, or in any other public services, and do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our service and to protect ourselves and others.
4. AFFILIATE LINKS
If a search result includes “Aff” or “Affiliate”, an affiliate code has been added to the link and BrainWaveTrail.com may receive financial compensation related to that search result.
5. Website LINKS AND THIRD-PARTY SITES
This Website may contain links to other Websites that are independent of this Website. We make no representation or warranty as to the accuracy, value, integrity, completeness, or authenticity of the information or opinions contained in any such linked Website, and any link to another Website shall not in any manner be construed as an endorsement by us of that Website, or of the products or services described therein.
Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.
6. CONFIDENTIALITY
Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.
7. SECURITY
You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us.
8. LIMITATION OF DAMAGES
IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED Website, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, Website, AND OTHER CONTENT AND MATERIALS.
9. OWNERSHIP
We own all rights, titles, and interests in and to the websites, the products and services offered on the websites as well as our logos, tradenames, and trademarks. All other rights, titles, and interests (including all other copyrights, trademarks, and other intellectual property rights) in this Website and all names, terms, logos, slogans, images, and other indicia identifying BrainWaveTrail.com’s products or services are proprietary marks belonging to BrainWaveTrail.com. The names of companies and products not owned by BrainWaveTrail.com and mentioned herein may be the trademarks of their respective owners. Any use of the copyrighted contents or the trademarks belonging to BrainWaveTrail.com without the express written permission of BrainWaveTrail.com is strictly prohibited.
10. LICENSE
Nothing contained in this Website shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party’s intellectual property rights, and no part of this Website may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.
11. CLAIMS OF COPYRIGHT INFRINGEMENT
BrainWaveTrail.com respects the intellectual property of others and may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this Website infringes on any copyright which you own or control, or that any link on this Website directs you to another Website that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access. Please see the NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
12. INDEMNIFICATION
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH AN EVENT.
13. GOVERNING LAWS IN CASE OF DISPUTE
THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTIONS TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.
14. INTERNATIONAL USE
We do not represent that all content, materials, and services on our Website are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials, and services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law.
15. INTEGRATION; SEVERABILITY; GENERAL
These Terms of Use incorporate by reference any notices contained on this Website and constitute the entire agreement with respect to your access to and use of this Website. We may modify these Terms of Use at any time by posting revised Terms of Use on our Website and your continuing use of such Website and the services constitutes your agreement to be bound by such modified Terms of Use. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.