By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, please discontinue use of this site immediately.
Restrictions on Use of Materials
Materials in this website are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of BrainPages.org or of other owners used with their permission.
Database Ownership, License, and Use
BrainPages.org warrants, and you accept, that BrainPages.org is the owner of the copyright of the Databases of Links to articles and resources available from time to time through BrainPages.org. BrainPages.org and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.
BrainPages.org grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.
You agree to use information obtained from BrainPages.org’s databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.
Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.
Liability
The materials in this site are provided “as is” and without warranties of any kind either express or implied. BrainPages.org disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. BrainPages.org does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. BrainPages.org does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not BrainPages.org assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall BrainPages.org be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if BrainPages.org or a BrainPages.org authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall BrainPages.org’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to BrainPages.org and such information should not be relied upon as all-inclusive or accurate.
Links and Marks
The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of BrainPages.org and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by BrainPages.org or its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of BrainPages.org or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from BrainPages.org, and all information to which you have access through password-protected areas of BrainPages.org’s websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
Products and Services
1. Not for Minors
The products, services and information on BrainPages.org are to be used only by persons 18 years of age and older. Although these products, services and information do not contain adult content as such, the brain entrainment, subliminal and training products, as well as the information and services featured here are not for use by minors.
2. No Medical Advice
This website, the products and the materials are not intended to diagnose, treat, cure, or prevent any disease, and are no substitute for medical advice. You should consult your physician and follow his advice. The statements made within this website have not been evaluated by the Food and Drug Administration.
Our products are for informational and entertainment purposes only. They are not intended to treat or cure any physical or mental conditions you may have.
You agree that our products, services and information are designed solely for self-improvement in an informational and entertaining way. They are not intended as a replacement for medical or psychological treatment. No medical claims are intended express or implied.
Those meeting any of the following conditions, whether knowingly or not, should not listen to or use our audio sessions:
Epileptics
Pregnant women
Those who are wearing a pacemaker
Those prone to or have had seizures
Those with sensitivity to sound and light
You should consult your physician first before using our products, trying any recipes, taking nutritional supplements or vitamins or starting an exercise program. If you are taking prescription medication, please check with your doctor before trying any products.
These products are not to be used while under the influence of alcohol or other mood altering substances, whether they are legal or illegal.
DO NOT LISTEN TO OR VIEW ANY OF OUR PRODUCTS WHILE DRIVING OR OPERATING HEAVY MACHINERY.
You assume all risks in using our products, waving any claims against BrainPages.org, Brain Pages Inc, Erin Matlock and their affiliates for any and all mental or physical injuries. You also agree to assume liabilities when allowing other persons access to our products.
In no case will BrainPages.org, Brain Pages Inc, Erin Matlock or other distributors of our products be liable for chance, accidental, special, direct or indirect damages resulting from use, misuse or defect of its products, instructions or documentation.
Other Legal Stuff
These Terms of Use will apply to every access to BrainPages.org. BrainPages.org reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from BrainPages.org will be a separate, discrete transaction based on the then prevailing terms.
This Terms of Use and the license granted may not be assigned or sublet by You without BrainPages.org’s written consent in advance.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Arizona, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate BrainPages.org and/or its affiliates’ intellectual property rights, BrainPages.org and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Arizona, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Scottsdale. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Scottsdale, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.
Representations and Warranties
You represent and warrant to BrainPages.org that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you are at least 18 years old; and (d) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY BrainPages.org AND ITS AFFILIATES ARE PROVIDED AS IS AND WITH ALL FAULTS, WITHOUT WARRANTIES OF ANY KIND, AND BrainPages.org AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BrainPages.org DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
Limitation of Damages
IN NO EVENT WILL BrainPages.org OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF BrainPages.org HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL BrainPages.org OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY BrainPages.org FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.
Indemnity
You agree to indemnify and hold us harmless, and pay our attorney’s fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of BrainPages.org.
Termination
These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all BrainPages.org site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at BrainPages.org’s sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other BrainPages.org site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
