By browsing and using this Site you are agreeing to the terms and conditions set out below. By clicking the "I ACCEPT" icon below, you agree to the following terms and conditions. If you do not agree to these terms and conditions, click on the "DO NOT ACCEPT" below and exit this Site immediately.

BrainSMART.com may revise these terms and conditions from time to time, so you should review them periodically to ensure proper compliance because they are binding on you.

USER'S AGREEMENT OF TERMS AND CONDITIONS

AGREEMENT TO TERMS

By entering the BrainSMART.com web site "Web Site" you acknowledge and agree to the following terms and conditions. If you do not agree to these terms, DO NOT USE THIS SITE. The legal information is applicable to all pages of the BrainSMART.com Web Site, unless explicitly stated otherwise on any particular page.

Your use of this Web Site may not be available or permitted for disclosure and use in all jurisdictions, and shall only constitute an "offer or solicitation" where permitted, and only to the extent permitted, by law. This Web Site shall not be used where, and to any extent, such use is prohibited by law. Your use of this Web Site from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of this Web Site is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using this Web Site due to any restriction, including any age restriction.

ENTRY AT YOUR OWN RISK

By entering this Web Site you acknowledge and agree that your use is at your own risk and that this Web Site, its owners, officers, directors, employees, or any of the parties involved in creating, producing, or delivering this Web Site are not liable for any damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, regardless of whether or not such liability or damages arise in contract, tort, negligence, equity, statutorily, or otherwise, in any connection with the access to, the use of or browsing of this Web Site or in connection with any content, information, data, promotions, activities, associated with this Web Site, or in connection with your downloading of any materials, text, data, images, video or audio from this Web Site, including but not limited to anything caused by any transmission defects, viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.

NO WARRANTY ON CONTENTS, INFORMATION AND MATERIALS

Although the specifications, features, illustrations, equipment and other information contained in this Web Site are based upon reasonably current information, and while BrainSMART.com makes reasonable efforts to ensure that the material on this Web Site is correct, accuracy cannot be guaranteed and BrainSMART.com makes no warranties or representations as to its accuracy. All contents, information and materials contained in this Web Site are provided to you "AS IS", without any warranty of any kind, either express or implied, including but not limited to the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement.

BrainSMART.com relies upon others to provide the information that is included in this Web Site without any direct or independent authentication, verification, assessment, and validation by BrainSMART.com whatsoever. All users of this Web Site shall be solely and exclusively responsible to authenticate, verify, assess and validate all information that is included on this Web Site. The information included in this Web Site does not constitute, and shall not be considered, the advice, recommendation, or endorsement of BrainSMART.com.

UNLESS OTHERWISE AGREED TO IN WRITING BY BRAINSMART.COM, THE INFORMATION AND CONTENTS OF THIS WEB SITE IS PROVIDED ON AN "AS IS" BASIS ONLY, AND IS FOR CONSUMER PRIVATE AND NON-COMMERCIAL END-USE ONLY, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AUTHENTICITY, VALIDITY OR NON-INFRINGEMENT, ARE COMPLETELY DENIED AND DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID BY A COURT OR COMPETENT JURISDICTION. EXCEPT AS OTHERWISE EXPRESSLY AGREED, BRAINSMART.COM MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES AS TO THE QUALITY, AUTHENTICITY, VALIDITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION AND CONTENTS OF THIS WEB SITE.

COPYRIGHTS BELONG TO BrainSMART.COM

BrainSMART.com is the owner of copyright in this site and other intellectual property related to this Web Site. No portion of this Web Site, including but not limited to the content, information, text, images, audio or video, may be used in any manner, or for any purpose, without BrainSMART.com's prior written permission, except if indicated herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this Web Site for your personal, non-commercial home use only, provided you do not delete, obstruct or change any copyright, trademark or other proprietary notices. Modification, repostment or use of the material on this Web Site in any other manner whatsoever and for any other purpose violates BrainSMART.com's legal rights.

THE BrainSMART.COM NAME, LOGO'S, TRADEMARKS BELONG TO BrainSMART.COM

By entering this Web Site you acknowledge and agree that any name, logo, trademark or servicemark contained on this Web Site is owned or licensed by BrainSMART.com and may not be used by you without prior written approval. BrainSMART.com will enforce its intellectual property rights to the full extent of the law. Any unauthorized use of all, part, or any aspect of BrainSMART.com may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.

NO CONFIDENTIALITY, USE OF INFORMATION

The Internet is not a secure medium, and neither the privacy of your communications, nor visits to this Web Site, can be guaranteed. The nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays. This Web Site may include incomplete information, inaccuracies or typographical errors. BrainSMART.com, and any other persons involved in the management of this Web Site, may make changes in the information and content included in this Web Site at any time without notice. BrainSMART.com shall not be responsible for any detrimental reliance you may place on this Web Site or its contents. Use of this Web Site is on an "as is" basis and is strictly entirely at your own risk. By entering this Web Site you acknowledge and agree that any communication or material you transmit to this Web Site, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any communications, information, ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to this Web Site may be used by BrainSMART.com anywhere, anytime and for any reason whatsoever.

UNLAWFUL BEHAVIOUR

Do not use this Web Site to communicate to others, to post on this Web Site, or otherwise transmit to this Web Site, any materials, information, or communication that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful harassing, pornographic, obscene, profane, defamatory, libelous, threatening materials which constitutes or may encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol, or otherwise violate any law or regulation. BrainSMART.com and all parties involved in creating, producing or delivering this Web Site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for any of the above-noted matters.

If this Web Site contains bulletin boards, chat rooms, or other message or communications facilities (collectively, "Forums"), you agree to use the Forums only to send and receive messages and material that shall not, in any manner or to any extent, do any of the following:

• commit any criminal or quasi-criminal offence, including without limitation, any pornography, hate, assault, or economic crime whatsoever;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
•  publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
•  infringe, contravene, breach or otherwise interfere with or harm the rights of any other person, including without limitation, any contractual, personality, confidentiality, privacy, moral, statutory, common law or intellectual property;
•  upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
•  delete any author attributions, trade-marks, trade names, logos, legal notices or proprietary designations or labels in any file that is uploaded;
•  falsify the origin or source of software, information or other material contained in a file that is uploaded;
•  advertise or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters; and
•  download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

HYPERLINKS

Although this Web Site may be linked to other sites, BrainSMART.com is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. By entering this Web Site you acknowledge and agree that BrainSMART.com has not reviewed all sites linked to this Web Site and is not responsible for the content of any off-site pages or any other site linked to this Web Site. Your linking to any other off-site pages or other sites is at your own discretion and risk.

REVISION OF THIS PAGE

BrainSMART.com reserves the right to revise these contractual terms and conditions concerning your future use of this Web Site at any time and for any reason, without notice or obligation, to you.

APPLICABLE LAW

By entering this Web Site you acknowledge and agree that this Web Site and these contractual terms will be construed and evaluated according to the laws of the State of Florida, USA. You hereby agree and confirm that your use of this Web Site and all of the communications, transmissions and transactions associated with this Web Site shall have occurred in the State of Florida, USA and that you submit to the exclusive jurisdiction of the courts of the State of Florida, USA and that you submit to the exclusive jurisdiction of the courts of the State of Florida, USA as the proper and most convenient forum concerning this Web Site. If you use this Web Site from another jurisdiction, you are responsible for compliance with any and all applicable local laws.

LANGUAGE

English shall be the language of this Web Site, and all transactions occurring in connection with this Web Site, and the parties waive any right to use and rely upon any other language, or translations.

BrainSMART.COM ACCESS CONTROL

We shall have the right, at all times, to prevent, intercept, prohibit or otherwise restrict, your access to and/or use of this Web Site if BrainSMART.com determines, in its sole and absolute discretion, that you have not (or BrainSMART.com has a reasonable basis to believe or expect that you may not) fully complied with all of the provisions set out in this contract.

CAUTION

ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF A WEBSITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SITE PROVIDERS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

EXCLUSIONS AND LIMITATIONS OF LIABILITY

BrainSMART.com shall not be responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in this Web Site or by any technical or human error which may occur in the processing of submissions in this Web Site. Site Providers assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, entries.

BrainSMART.com shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or members on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to members or to any other person's computer related to or resulting from using services or downloading materials in this Web Site. If, for any reason, this Web Site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Site Providers which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Web Site, Site Providers reserve the right to cancel, terminate, modify or suspend the services or Web Site indefinitely.

You agree to indemnify and hold harmless the Site Providers, their respective parents, subsidiaries, affiliate, directors, sponsors, officers, consultants, agents, and employees against and from all claims, damages, liabilities, costs and expenses asserted by third parties alleging that the Web Site includes obscenity, libel, slander, or infringes upon the third party's intellectual property or privacy rights, as a direct result of your actions in the use of the web Site. You further agree to not knowingly, damage or cause interruption of the services on the Web Site; prevent others from using the Web Site; or obtain or modify another user's non-public account information without their consent.

INTELLECTUAL PROPERTY

The Web Site and all of the related pages, contents and code are Copyright (C) BrainSMART.com. Copying or unauthorized use of any copyrighted materials, trademarks or any other intellectual property without express written consent is strictly prohibited.

GENERAL CONDITIONS

The Web Site, contests and other services hereon are governed by the laws of the United States and Canada. All federal, state, provincial and local laws and regulations apply.

I confirm that I have carefully read all of the above terms and conditions. I hereby indicate my acceptance thereof by clicking on the "I ACCEPT" Icon below.

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