Welcome to MyBrainTrainer.com ("Site"). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. These terms and conditions govern your use of, and your purchase of products and services from this Site. Please note that your use of this Site constitutes your agreement to follow and be bound by these terms (the "Agreement").
We may from time to time, without notice, change the terms that govern your use of this Site. Accordingly, we suggest you check these terms periodically for changes. Your use of this Site following any such change constitutes your agreement to follow and be bound by the terms as changed.
Ad control software such as AdSubtract or PopupKiller may alter our web
pages before they get to your browser. Since our website does not contain
popup windows or advertisements, you receive no benefit by using such
software in conjunction with MyBrainTrainer.com. Therefore, we highly
recommend you either disable this software while visiting our website or set
up this software to exclude our website. If you need help doing this,
please contact the vendor of your ad control software.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by MyBrainTrainer, LLC ("MBT"). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by MBT. The Contents of this Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of membership to and merchandise from our Site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to MBT on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain MBT's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to MBT of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, MBT will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. MBT is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that Comments submitted by you to this Site will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that Comments submitted by you to this Site will not be or contain libelous or otherwise unlawful, abusive, vulgar, obscene, defamatory, harassing, threatening or obscene material. Furthermore, you will not make any bigoted, hateful, or racially offensive statements, you will not advocate illegal activity or discuss illegal activities with the intent to commit them, and you will not post or distribute any chain letters, spam or software or other materials that contain a virus or other harmful component.
We reserve the right to remove or edit content posted to this Site at any time and for any reason.
You are and shall remain solely responsible for the content of any Comments you submit to this Site.
You agree that MBT may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.
LINKS TO OTHER WEB SITES AND SERVICES
This Site contains links to other sites. Please be aware that MBT is not responsible and does not control the availability, content, associated links, privacy and security practices, resources, or services associated with a third party site. You agree that MBT shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only. Any concerns you have regarding any such third party site should be directed to the party responsible for such site.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT NEITHER MBT NOR ITS WEB HOSTING PROVIDER SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Our exercises have been designed for recreational purposes. No medical claims are made for these exercises, express or implied. They are not medical devices and should not be used for the treatment of any medical condition. Please consult your physician for any use other than recreational, insofar as the exercises are not intended as a replacement for medical or psychological treatment.
If you, or anyone else who will use these exercises, are subject to any form of seizures, epilepsy or visual photosensitivity, are using a pacemaker, suffering cardiac arrhythmia or other heart disorders, currently taking stimulants, tranquilizers or psychotropic medications, specifically including illicit drugs, please consult your physician before using our exercises. In addition, even if you have never had a seizure, there is a small chance that you may have a condition called photosensitive epilepsy, and exposure to flashing lights may cause a seizure. Approximately one person in 4,000 is subject to photosensitive epilepsy. Approximately 76% of such individuals have a seizure during their teenage years, usually from watching television. In addition, the majority of individuals who experience this condition as children outgrow it by age 25. As a result, persons in the adult population who have never had a seizure have about 1 chance in 25,000 of being photosensitive. If you are not willing to accept this risk, please do not use this Site.
If you experience lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness while using this or any other website, stop whatever you are doing and consult your physician immediately.
You agree to defend, indemnify, and hold harmless MBT, its employees, attorneys and agents ("Indemnitees") against all claims, expenses, liabilities, losses, costs and damages, including reasonable attorney's fees, that the Indemnitees may incur (i) in connection with your use of the Site or any hyperlinked Web site or (ii) resulting from content you supply.
PRIVACY AND SECURITY
MBT is committed to maintaining your privacy and the security of the information you provide to us.
INFORMATION COLLECTION AND USE
MBT collects information from our members at several different points on our website. MBT is the sole owner of the information collected on this Site. We will not sell, share, or rent this information to others. MBT may release information to comply with valid legal requirements such as a law or regulation, search warrant, subpoena or court order. If we are legally compelled to disclose information about you to a third party, we will notify you unless doing so would violate a court order.
REGISTRATION & MEMBERSHIP
To use most of the features on this website, a member must first complete the registration form and pay a membership fee via a valid credit card or Pay Pal. Once a membership has been purchased, the transaction is considered final. No refunds (either partial or full) will be granted.
Accordingly, before you make the decision to purchase a membership, we encourage you to:
During registration, a member is required to provide certain contact information (such as name, and email address). This information is used to contact the member with information regarding the site and his/her membership. We also encourage members to provide certain optional information (age, gender and occupation) so we can continue to accumulate and develop normative data by these classifications.
- read our Comprehensive Guide at http://www.mybraintrainer.com/support/mbt_guide.asp;
- read the detailed descriptions of all of our exercises at http://www.mybraintrainer.com/exercise/;
- try the exercises we offer for free at http://www.mybraintrainer.com/challenge_fun2/ and http://www.mybraintrainer.com/brainpower/.
In the same fashion as most standard website servers, we use log files. This includes IP (internet protocol) addresses, browser type, ISP (internet service provider), referring/exit pages, platform type, date/time stamp, and number of clicks. These files are used to analyze trends, administer the Site, track member's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
Retail establishments, including websites, utilize third party credit card processing firms to bill their customers for purchases of goods or services. These credit card processors are prohibited from using personally identifiable information except for the purpose of such billing. Accordingly, they do not retain, share, store or use personally identifiable information for any other purpose.
This Site contains links to other web sites. Please be aware that MBT is not responsible for the privacy practices of such other sites. If you link from our Site to any other site, we encourage you to read the privacy statement of that other site. This Privacy and Security Statement applies solely to information collected by this Site.
MBT takes every reasonable precaution to protect our members' information. When you submit sensitive information via the Site, your information is protected both online and offline. When our registration form asks members to enter their credit card number, that information is encrypted and is protected with the best encryption software in the industry, Secure Socket Layer (SSL).
While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect member information offline. All of our members' information, not just the sensitive information mentioned above, is restricted in our offices and the facilities of our web hosting provider, AmericanEagle.com. Only employees who need the information to perform a specific job, e.g., a billing clerk or a customer service representative, are granted access to personally identifiable information. Furthermore, all employees are promptly notified of changes to our security and privacy practices. Lastly, the servers in which we store personally identifiable information are kept in a secure environment.
We make every reasonable effort to prevent the alteration, theft, loss or misuse of our members' information by others. However, please remain cognizant that there is always some risk in transmitting information over the Internet.
COMMUNICATION FROM THE SITE
We send all new members a welcoming e-mail to verify password and member name. You agree that MBT may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of MBT's products or services, or for such other purpose(s) as MBT deems appropriate.
NOTIFICATION OF CHANGES
If we make any material changes in our privacy practices that do not affect member information already stored in our database, we will post a prominent notice on our website and we will send an e-mail to members notifying them of the change.
ABOUT THE BRAINBOARD
Please be aware that if you disclose personally identifiable information online through the BrainBoard, you will be making that information public. Such disclosure may increase your chance of receiving spam or unsolicited e-mail. MBT strongly recommends that you utilize your discretion when disclosing information on this Site or any other website. MBT is not responsible for personally identifiable information posted on the BrainBoard.
CHILDREN'S ONLINE PRIVACY PROTECTION ACT
MBT is most concerned with the safety of children when they use the Internet. Accordingly, to comply with the Children's Online Privacy Protection Act of 1998, we will never knowingly request personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. If we become aware that a subscriber is under the age of 13 and has signed up without prior verifiable parental consent, we will remove his or her personally identifiable information from our files.
CONTACT US RE PRIVACY & SECURITY
If at any time, you have any questions regarding our Privacy and/or Security policy, please contact us at firstname.lastname@example.org
Unless otherwise specified and except to the extent MBT products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting MBT's products and services available in the United States and select foreign markets. This Site is controlled and operated by MBT from its office in Los Angeles, California and the Park Ridge, Illinois office of its web hosting provider, AmericanEagle.com . This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of Los Angeles and/or the Southern District of California.
This Agreement is effective unless and until terminated by either you or MBT. You may terminate this Agreement at any time by notifying us at email@example.com, but if you do so, your membership will be terminated as well and you will thereafter be denied access to the Site. MBT also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in MBT's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or MBT, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.