The materials used and displayed on the Site, including, but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, names, logos, trademarks and service marks, except where noted, are the property of the Company and are protected by copyright, trademark and other laws. The compilation of all content on this site is the exclusive property of the Company and is protected by United States and international copyright laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to reproduce, modify, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the express written permission of the Company.
When you visit the Siteor send e-mails to us, you are communicating with us electronically, and in turn you consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Company will use reasonable efforts to include accurate and up-to-date information on this Site, but makes no warranties or representations as to its accuracy. The information site is for educational purposes only and is not intended to substitute for personal medical advice. Please consult your physician for any specific questions with respect to your personal health or before undertaking any new dietary and exercise programs.
The Site is provided on an “as is” basis without warranties of any kind, whether express or implied, including, but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by, and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
Neither the Company nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, punitive or similar damages arising out of your access or use of, or your inability to access or use, the Site.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Communications or materials transmitted to the Site via the Internet are subject to alteration or interception by third parties. Although Company will treat your information as confidential, we cannot guarantee absolute confidentiality.
As a condition of your use of the Site, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
The Company is pleased to hear fromvisitors to its website and welcomes your feedback regarding the content and functionality of the Site. If you choose to communicate with the Company, the Company may post your feedback of products, comments, suggestions, or other material, so long as the content of your submission is not unlawful, threatening, abusive, defamatory, invasive of privacy, obscene, inappropriately sexually explicit, fraudulent or otherwise deemed to be, in the sole discretion of the Company, potentially objectionable to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your submission. The Company reserves the right (but not the obligation) to monitor, edit and remove any submission. By posting or sending us any submission, you grant the Company a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable right to use, reproduce, modify, publish, adapt, translate, create derivative works from, distribute, and display such submission throughout the world in any media. You also grant the Company the right to use the name you submit in connection with such submission. By posting or sending us a submission, you represent and warrant that you own or otherwise control all of the rights to the content in your submission, that the content you provide is true and accurate, and that use of the content in your submission does not violate this policy and will not cause injury to any person or entity. The Company does not take any responsibility and assumes no liability for any submission posted by you or any other person or entity.
The third-party websites to which the Site links to are not under the control of the Company. Accordingly, the Company makes no representations concerning the accuracy, operation or content of those websites. Provision of the link is not an endorsement, authorization, sponsorship, or affiliation by the Company.
Any medical or health related information provided on the Site is provided for educational purposes only and is not intended to constitute medical advice or replace discussions with a healthcare provider.
Notice for California Residents. Under California Civil Code Section 1789.3, California Users are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Site, you may contact Company in writing at Black Brain Health, LLC., 1395 Garden Highway, Suite 250, Sacramento, CA 95833 or send an email to firstname.lastname@example.org. In the event your complaint is not resolved, California residents may bring the complaint to the attention of The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
ARBITRATION, AGREEMENT, AND CLASS ACTION WAIVER
By using the Site, you are agreeing to enter into an arbitration agreement with the Company regarding any disputes that may arise as a result of such use. Under this agreement, you and the Company agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration; and that any dispute between you and the Company, including disputes against any agent or affiliate, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and the Company agree that the results of such arbitration shall be confidential, unless disclosure is required for enforcement purposes or for a judgment to be entered thereon. If disclosure of the results is required for enforcement purposes or for a judgment to be entered thereon, then disclosure shall be limited to only the information necessary to accomplish such purpose.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL.
In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal; however, an arbitrator can award generally the same relief that a court can award. Under the terms of this agreement, if an arbitration proceeding is initiated, the arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 778-7879. If you initiate arbitration, the Company will promptly reimburse you for any standard filing fee which may have been required under AAA’s procedures once you have notified the Company in writing and provided a copy of the arbitration proceedings. The prevailing party in the arbitration may be awarded attorneys’ fees, costs and reimbursement of filing fees. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against the Company and may not preside over any kind of representative or class proceeding against the Company. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.
YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Upon a request by Company, you agree to defend, indemnify and hold harmless Company and its affiliates and their directors, officers, employees and agents against any claims, demands, actions, damages or other liabilities, including expenses and attorney's fees, that arise from your use of this website. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Company in asserting any available defenses.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.