These Terms were last revised on March 01, 2019.
Welcome to BrainGain Global Inc. – www.braingainmag.com and www.cambridge.braingainmag.com is a website, and web-based software platform, including Features and Account(s) (as defined below) (collectively, the "Website") owned and operated by BrainGain Global Inc. a corporation organized and existing under the laws of the State of Delaware, and/or BrainGain Global Inc. d/b/a "BrainGain" and/or www.braingainmag.com, and/or BrainGain Magazine and/or BrainGain Global Inc. licensors, or any combination of the foregoing (collectively, "BrainGain" and/or the "Company"). BrainGain Global Inc. also maintains and operates Apple iPhone and Google Android based mobile software applications (the "App").
PLEASE READ THESE TERMS OF SERVICE (THESE "TERMS") CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THIS AGREEMENT FOR THE FIRST TIME), YOU ARE AGREEING TO COMPLY WITH THESE TERMS, WHICH MAY CHANGE FROM TIME TO TIME WITHOUT NOTICE TO YOU, AS SET FORTH HEREIN BELOW.
YOU ARE HEREBY, AFTER USAGE OF SAID WEBSITE, ENTERING INTO AND AGREEING TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE OR WISH TO BE BOUND BY THIS AGREEMENT, DISCONTINUE YOUR USAGE OF THE WEBSITE AND/OR TERMINATE YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS HEREIN.
I. INTELLECTUAL PROPERTY
The Website and its content, including, but not limited to, the web-based functionalities commonly referred to as Signup, Log In, Apply Now, About Us, Parameters, Search, Matches, Notifications, Saved and/or Details (collectively, the "Features"), and all functionality related incidentally and/or indirectly thereto, (including those web services for which we may specifically provide a separate customer agreement) and any derivative works or enhancements of the same, including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features and all intellectual property rights to the same are owned by BrainGain. BrainGain. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by BrainGain Kautily’s licensors, or both. Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title or interest in the Website any other intellectual property of BrainGain Any rights not expressly granted in these Terms are expressly reserved.
A. "User" shall mean any individual who completes the registration to become a registered User as set forth herein below, who downloads, installs, views, accesses, and/or uses the Website in any manner, whatsoever, including, but not limited to, You, and other individuals as context may require.
B. If you are under the age of 13 years old, then you are not permitted to register as a User or otherwise submit personal information to the Website. BrainGain Global Inc. will not knowingly collect any personally identifiable information from children under the age of 13, nor will children under the age of 13 be allowed to register as a User. The Website is not intended for children under the age of 13. BrainGain Global Inc. will not knowingly register or otherwise collect personal information from persons who identify themselves as being under the age of 13 during the registration process, without prior consent of such child's parent or guardian.
C. To become a registered User, you shall:
A. In no way is any right, title, interest, or any other portion except for such rights and/or privileges hereby given, to You by BrainGain Global Inc. for use strictly in adherence with these Terms. The terms "Website and/or Features and/or Account," in addition to the definitions set forth above, shall include to mean, and refer to the following:
"Device" shall mean any computing device capable of operating the Website, including, but not limited to, the iPhone, iPod Touch, iPad, and such other similar products by Apple and/or any mobile devices manufactured and/or implementing Android or any other operating system.
B. In exchange for the Registration Fee, BrainGain Global Inc. grants permission to registered Users to operate and/or use the Website on any Device controlled by such registered User, and to access and use the Software on Devices owned and/or controlled by such registered User strictly in accordance with these Terms solely for such registered User's own purposes. All rights not expressly granted to such registered User are reserved by BrainGain, its affiliates, and licensors. Your rights shall allow such registered User to use the Software on any Device that such registered User owns and/or controls, and as permitted by the usage rules.
C. These rights hereby established by these Terms shall be effective until terminated. BrainGain Global Inc. MAY TERMINATE YOUR RIGHTS AND/OR THESE TERMS WITH, OR WITHOUT ANY NOTICE TO YOU WHATSOEVER.
D. BrainGain Global Inc. may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate these Terms, the Website and/or Account, Your usage and access to same, and any rights or privileges afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of these Terms, then these Terms and any rights granted to You shall terminate automatically, without any notice or other action by Company. Upon the termination of these Terms, You shall cease all use of the Website and delete the Account.
IV. CONTENT GENERATED BY REGISTERED USERS
A. BrainGain Global Inc. may now, or in the future, permit registered Users to post, upload, transmit through, or otherwise make available on the Website (collectively, "Submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, financial information, legal information and/or other materials ("User-Generated Content"). USER-GENERATED CONTENT INCLUDES INFORMATION ABOUT YOU SUBMITTED TO BrainGain Global Inc. DURING REGISTRATION FOR THE WEBSITE AND INFORMATION SUBMITTED TO BrainGain Global Inc. IN THE COURSE OF APPLYING FOR THE KWHS GLOBAL YOUNG LEADERS ACADEMY SUCH AS THAT INFORMATION ENTERED INTO THE "PARAMETERS." BY SUBMITTING USER-GENERATED CONTENT TO THE WEBSITE, YOU ASSIGN AND TRANSFER ALL RIGHT AND TITLE THEREIN TO BrainGain Global Inc. TO THE FULLEST EXTENT PERMITTED BY LAW. AS SUCH, BrainGain Global Inc. MAY USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE, PERFORM, AND DISPLAY ALL USER-GENERATED CONTENT, INCLUDING, BUT NOT LIMITED TO, REMARKS, SUGGESTIONS, IDEAS, GRAPHICS, OR OTHER INFORMATION COMMUNICATED TO BrainGain Global Inc. THROUGH THE WEBSITE, AND TO INCORPORATE ANY USER-GENERATED CONTENT IN OTHER WORKS IN ANY FORM, MEDIA, OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED. BrainGain Global Inc. WILL ALSO BE FREE TO USE ANY IDEAS, CONCEPTS, KNOW-HOW OR TECHNIQUES CONTAINED IN THE USER-GENERATED CONTENT FOR ANY PURPOSE WHATSOEVER INCLUDING, WITHOUT LIMITATION, DEVELOPING, MANUFACTURING AND MARKETING PRODUCTS AND SERVICES INCORPORATING SUCH INFORMATION. To the extent that any User-Generated Content may not be legally assigned or transferred as stated above, You hereby grant to such non-assignable/non-transferrable User-Generated Content to BrainGain Global Inc. the royalty-free, perpetual (or otherwise longest duration permitted by law), irrevocable, transferrable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all such User-Generated Content, and to incorporate any such User- Generated Content in other works in any form, media, or technology now known or later developed. BrainGain Global Inc. will not be required to treat any User- Generated Content as confidential, and may use any User-Generated Content in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future BrainGain Global Inc. operations.
C. You shall not submit any User-Generated Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right without the express permission of the owner of the respective right. YOU ARE SOLELY LIABLE FOR ANY DAMAGE RESULTING FROM YOUR FAILURE TO OBTAIN SUCH PERMISSION OR FROM ANY OTHER HARM RESULTING FROM USER-GENERATED CONTENT THAT YOU SUBMIT.
D. You represent, warrant, and covenant that you will not submit any User- Generated Content that:
E. WE RESERVE THE RIGHT TO DELETE, DISABLE OR OTHERWISE ELIMINATE FROM THE WEBSITE ANY USER-GENERATED CONTENT THAT WE DEEM VIOLATIVE OF THESE TERMS AND/OR ANY RULE OF LAW, REGULATION OR PROTOCOL, IN OUR SOLE DISCRETION.
F. We have the right, but not the obligation, to monitor all User-Generated Content. We have no obligation to post, maintain or otherwise make use of User-Generated Content and do not guarantee distribution of User-Generated Content. We may discontinue operation of the Website and/or User-Generated Content, or your use of the Website and/or User-Generated Content, in either case in whole or in part, in our sole discretion. You have no right to maintain or access your User-Generated Content on the Website and we have no obligation to return your User-Generated Content or otherwise make it available to you.
G. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User-Generated Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice there of to BrainGain Global Inc., ATTN:555 8th Avenue, Suite 2210 New York, NY 10018 Email: email@example.com
H. We strive to keep User-Generated Content secure but cannot guarantee that we will be successful at doing so, given the nature of the Internet. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection, and backup of User-Generated Content. We strongly encourage you, where available and appropriate, to (a) use encryption technology to protect User- Generated Content from unauthorized access, (b) routinely archive User- Generated Content, and (c) keep your User-Generated Content or any software that you use or run with the Website current with the latest security patches or updates. WE SHALL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED ACCESS OR USE, CORRUPTION, DELETION, DESTRUCTION, OR LOSS OF ANY OF USER-GENERATED CONTENT.
I. Feedback. In the event you elect, in connection with any of the Website, to communicate to us suggestions for improvements to same or to any other property of BrainGain, intellectual or otherwise, (collectively, "Feedback"), we shall own all right, title, and interest in and to the same, even if you have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title, and interest in and to the Feedback to us and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback.
J. Governmental requests for User-Generated Content. In keeping with our efforts to maintain your privacy, we will not disclose User-Generated Content to any governmental agency, body and/or department unless lawfully sought by presentation to us of a valid Subpoena, warrant or other such document.
K. Digital Communication. BrainGain Global Inc. IS NOT RESPONSIBLE FOR COMMUNICATION INITIATED BY REGISTERED USERS THROUGH THE WEBSITE. OUR SERVICE IS A MEANS OF COMMUNICATION FOR REGISTERED USERS ONLY. DIGITAL COMMUNICATION MAY NOT BE AN OFFICIAL LEGAL FORM OF COMMUNICATION FOR ANY REASON. BrainGain Global Inc. WILL NOT BE HELD RESPONSIBLE FOR A USER'S FAILURE TO RECEIVE ANY BENEFIT OFFERED ON THE WEBSITE.
V. ACCESS AND USE
A. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit the Website for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. In certain instances, we may permit you to download or print Website and/or Features and/or Account or both. In such a case, you acknowledge that you do not acquire any ownership rights by downloading or printing any portion of the Website.
B. Except as expressly permitted in these Terms, you may not:
C. BrainGain Global Inc. HEREBY EXPRESSLY RESERVES THE RIGHT TO PREVENT ANY USER(S) FROM ACCESSING THE WEBSITE FOR ANY REASON, OR NO REASON, WITHIN ITS SOLE DISCRETION.
D. Registered accounts are protected by and subject to security safeguards. You agree that such safeguards are necessary and further agree that your Account shall be subject to all such safeguards.
VI. CONDITIONS FOR LINKING TO WEBSITE
Upon your acceptance of these Terms as evidenced by your clicking where indicated below your acceptance of and agreement to these Terms, we hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Website from any site you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure the Website, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.
VII. THIRD-PARTY LINKS
A. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of information displayed by the Website. UNDER NO CIRCUMSTANCES WILL BrainGain Global Inc. BE LIABLE FOR ANY LOSSES OR DAMAGES CAUSED BY ANY USER'S RELIANCE ON ANY INFORMATION DISPLAYED BY THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL INFORMATION RELATING TO ANY OFFERS FOR SCHOLARSHIPS, AWARDS, PAYMENTS OR ANY OTHER BENEFIT OFFERED TO ANY USER OF ANY KIND BY ANY OFFEROR.
B. In some instances, Website and/or Features and/or Account will include content posted by a third-party or will represent the opinions and judgments of a third- party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
C. YOU ACKNOWLEDGE THAT BrainGain Global Inc. DOES NOT INVESTIGATE, MONITOR, REPRESENT OR ENDORSE THE THIRD-PARTY CONTENT AND SERVICES (INCLUDING ANY THIRD-PARTY WEBSITES, OR OTHER SERVICES, AVAILABLE THROUGH THE WEBSITE). FURTHERMORE, YOUR ACCESS TO AND USE OF THE THIRD-PARTY CONTENT AND SERVICES IS AT YOUR SOLE DISCRETION AND RISK, AND BrainGain Global Inc. AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS, SHALL HAVE NO LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE THIRD-PARTY CONTENT AND SERVICES. BrainGain Global Inc. HEREBY DISCLAIMS ANY REPRESENTATION, WARRANTY, OR GUARANTY REGARDING THE THIRD-PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY REPRESENTATION, WARRANTY, OR GUARANTY REGARDING THE AVAILABILITY, QUALITY, RELIABILITY, FEATURES, APPROPRIATENESSS, ACCURACY, COMPLETENESS, OR LEGALITY OF THE THIRD-PARTY CONTENT AND SERVICES.
D. The Website may contain links to other websites maintained by third-parties, including the payment processor for the payment of the Registration Fee. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
VIII. USER LIABILITY
C. Actions by other third parties. You are responsible for third party complaints caused by or arising out of your breach of these Terms, and/or your use of the Website and/or User-Generated Content. You agree to reimburse BrainGain Global Inc. and/or a third party for any and all such liability.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BrainGain , AND ITSEMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, OBLIGATIONS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) ARISING OUT OF, RELATED TO, OR THAT MAY ARISE IN CONNECTION WITH:
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BrainGain Global Inc. DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY:
XI. LIMITATION ON LIABILITY
A. UNDER NO CIRCUMSTANCES SHALL SCHOLLYBrainGain , AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE AND/OR THESE TERMS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.
B. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF BrainGain Global Inc. AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE AMOUNT OF THE SINGLE INSTANCE REGISTRATION FEE PAID TO BrainGain Global Inc. BY THE USER.
C. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, OR IN ANYWAY RELATED TO THESE TERMS, MUST BE FILED WITHIN SIX (6) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM WILL BE FOREVER BARRED.
D. IN SOME JURISDICTIONS LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING, THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
E. Disputes involving Scholly. In the event that a lawsuit is filed against a User of SchollyBrainGain, and BrainGain Global Inc. needs to seek legal counsel for any involvement in the matter, the User shall pay for all legal fees associated with the lawsuit. This clause in no way limits SchollyBrainGain's right to hire legal counsel of its choice.
A. We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms. You agree that BrainGain Global Inc. shall not be liable to you or any third party for any termination or suspension of your Account or for blocking your access to the Website and/or any User-Generated Content that may reside there.
B. If you become a registered user, you may terminate your Account at any time by accessing your Account and deleting it. Before any Account may be deleted, any outstanding charges issued against the Account must be paid.
C. Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your Account or these Terms shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, and provisions related to choice of law.
XIII. CHOICE OF LAW; FORUM
These Terms shall be construed in accordance with the laws of the Commonwealth of Pennsylvania of the United States of America, without regard to its conflict of laws rules.
BrainGain Global Inc. makes no representation that materials on the Website are appropriate or available for use in other locations. If you access this site from another location, you do so on your own initiative and are responsible for compliance with local laws, if, and to the extent they are applicable. The parties consent to the exclusive jurisdiction and venue of the federal and state courts located in New York in any action arising out of or relating to these Terms. The parties waive any other venue to which either party might be entitled by domicile or otherwise.
XIV. AMENDMENT; ADDITIONAL TERMS
A. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms.
B. In addition, we reserve the right to provide you with operating rules or Additional Terms that may govern your use of the Website generally, unique parts of the Website, or both ("Additional Terms"). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms. To the extent any Additional Terms conflict with these Terms, the Additional Terms will control.
C. Modifications to these Terms or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review these Terms and the Website from time to time for any changes or Additional Terms. Your access and use of any the Website following any modification of these Terms or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms or to any Additional Terms, you may terminate your Account as provided in Section XII above or, if you do not have an Account, your only recourse is to immediately discontinue use of the Website.
XV. CHOICE OF LAW; MANDATORY ARBITRATION.
A. THIS AGREEMENT, THE WEBSITE AND/OR ANY DISPUTE ARISING THEREFROM SHALL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE LAWS OF THE PENNSYLVANIASTATE OF NEW YORK. THE PARTIES WAIVE ANY OTHER VENUE TO WHICH EITHER PARTY MIGHT BE ENTITLED BY DOMICILE OR OTHERWISE. BrainGain Global Inc. MAKES NO REPRESENTATION THAT MATERIALS ON THE WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PARTIES HEREBY AGREE THAT ALL DISPUTES ARISING UNDER THIS AGREEMENT SHALL PROMPTLY BE SUBMITTED TO ARBITRATION IN NEW YORK, NEW YORK BEFORE ONE ARBITRATOR IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR MAY ASSESS COSTS IN FAVOR OF BrainGain Global Inc. ONLY, INCLUDING COUNSEL FEES, IN SUCH MANNER AS THE ARBITRATOR DEEMS FAIR AND EQUITABLE. THE AWARD OF THE ARBITRATOR SHALL BE FINAL AND BINDING UPON ALL PARTIES, AND JUDGMENT UPON THE AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. THE PARTIES HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE ARISING OUT OF THIS AGREEMENT, THE WEBSITE AND/OR ANY DISPUTE ARISING THEREFROM.
A. Any delay or failure on the part of us to exercise or enforce any rights under these Terms to which we may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
C. You may not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. BrainGain Global Inc. reserves the right to transfer or assign these Terms or any right or obligation under these Terms at any time.
D. Notices. Except as otherwise set forth herein, notices made by us to you under these Terms that affect our customers generally (e.g., notices of Additional Terms, etc.) will be posted on the Website. Notices made by us under these Terms for you or your Account specifically (e.g., notices of breach and/or suspension) will be provided to you via the email address provided to us in your registration for the Account or in any updated e-mail address you provide to us in accordance with standard account information update procedures we may provide from time to time. It is your responsibility to keep your email address current and you will be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not you actually receive the email. For notices made by you to us under these Terms and for questions regarding these Terms or the Services, you may contact Terms as follows: BrainGain Global Inc.,555 8th Avenue, Suite 2210 New York, NY10018 Email- firstname.lastname@example.org All communications and notices to be made or given pursuant to these Terms shall be in the English language.
E. Relationship. Nothing contained in these Terms shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose.
F. Force Majeure. BrainGain Global Inc. shall not be liable for any default, delay in the performance of any of its obligations under these Terms or your inability to access the Website and/or User-Generated Content if such default or delay is caused, directly or indirectly, by forces beyond BrainGain's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications (including third party integrations related to social media, server malfunctions, or any other mechanical, electronic, or communication error), power outages, supply shortages or the failure of any third party to perform any commitment relating to the production or delivery of any equipment or material required for BrainGain Global Inc. to perform its obligations hereunder.
G. Attorney's Fees. In any dispute arising out of or related to these Terms, BrainGain Global Inc. shall have the right to collect from the other party its reasonable attorney fees and costs and necessary expenditures and such punitive and/or liquidated damages as the arbiter deems appropriate and just.
What information do we collect?
We collect information from you when you register on our site, fill out a form, complete your "Parameters," search for scholarships or perform any other activity on the Website. We may also collect your internet protocol address, first and last name, home or other physical address, including street name and name of a city or town, and billing information, such as billing name and address, bank account number, routing number and in some instances a credit card number and/or other identifier that permits the physical or online contacting of a specific individual, depending on your activities while on the Website and/or User-Generated Content.
What we use information for
Any of the information we collect from you may be used in one of the following ways: to personalize your experience (your information helps us to better respond to your individual needs); to improve the Website and/or User-Generated Content (we continually strive to improve our offerings based on the information and feedback we receive from you); to improve customer service (your information helps us to more effectively respond to your customer service requests and support needs); to send periodic emails. We can also use your information to monitor and assemble analytics pertaining to an individual's use of the Website. If you provide information in relation to a registration of an Account, the email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
BrainGain Global Inc. may also track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.
Third party links
THE WEBSITE MAY PROVIDE ACCESS TO THIRD PARTY PRODUCTS OR SERVICES ON OUR WEBSITE, INCLUDING OFFERS TO APPLY FOR ACADEMIC SCHOLARSHIPS OR OTHER BENEFITS. THESE THIRD PARTY SITES HAVE SEPARATE AND INDEPENDENT PRIVACY POLICIES. WE THEREFORE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE CONTENT AND ACTIVITIES OF THESE LINKED SITES. NONETHELESS, WE SEEK TO PROTECT THE INTEGRITY OF OUR SITE AND WELCOME ANY FEEDBACK ABOUT THESE SITES.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which BrainGain Global Inc. has disclosed certain personally identifiable information as defined under California law during the preceding year for third party direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing at BrainGain Global Inc., ATTN: 555 8th Avenue, Suite 2210 New York, NY10018 Email : email@example.com
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under thirteen (13) years of age. Our website, products and services are all directed to people who are at least thirteen (13) years old or older.
Keeping Your Information Secure
We have implemented security mecambridgeres we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your "personally identifiable information" (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by email (at our sole and absolute discretion) to the last email address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary mecambridgeres to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.
Contact and Opt-Out Information
BrainGain Global Inc.,("BrainGain"),respects the intellectual property interests of other parties. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BrainGain's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying BrainGain Global Inc. and its affiliates that your copyrighted material has been infringed:
BrainGain's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
BrainGain Global Inc.
555 8th Avenue, Suite2210
New York, NY10018