TERMS AND CONDITIONS BRAINMD.COM- last updated, March 4, 2021

THIS DOCUMENT CONTAINS CRUCIAL INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ CAREFULLY.  BY VIEWING OR USING THIS WEBSITE (“SITE”), YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS (“TERMS”) AND OUR PRIVACY POLICY. THESE TERMS ARE BETWEEN YOU AND BRAIN MD, INC., A CALIFORNIA CORPORATION AND PARENT COMPANY OF BRAINMD.COM. YOU MAY NOT USE OR ACCESS THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, (B) ARE NOT THE OLDER OF (i) 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ITS CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. 

1. Entity Scope. “BrainMD” means BrainMD, Inc. and our affiliates, directors, officers, employees and agents. “Site” means www.BrainMD.com, whether accessed by PC or mobile device (collectively “Platform”) and all related functionality, services, and Content offered by or for us.
2. Site Details Scope. These Terms apply to the purchase, viewing or usage of products and services through the Platform.
3. Modification. These Terms are subject to change by us without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review changes prior to accessing our Site, your continued site usage will constitute your acceptance of and agreement to such changes.
4. Termination. All sections herein will survive termination unless prohibited by law. At any time, we can change, restrict, suspend, or cease any portion of the Platform, and charge, modify, or waive any fees required to use any part of the Platform.
5. Not a Substitute for Healthcare Professional. NOTHING MADE AVAILABLE THROUGH THIS PLATFORM SHALL CONSTITUTE TREATMENT OR ADVICE OF A MEDICAL PROFESSIONAL, IT IS IMPOSSIBLE TO CITE EVERY POSSIBLE USAGE, PRECAUTION, INTERACTION AND SIDE EFFECT. WE CANNOT ASSERT WHETHER ANY MEDICAL SUPPLEMENT OR MEDICATION IS SAFE FOR YOU. REVIEW EVERY WORD OF THE LABEL CAREFULLY. PLEASE DISCUSS ANY MEDICAL IMPACT THIS SITE MAY HAVE ON YOU WITH YOUR MEDICAL PROFESSIONAL. MATERIALS ON THE PLATFORM ARE PURELY INFORMATIONAL AND ARE NOT INTENDED TO PROVIDE ANY MEDICAL ADVICE. YOU MUST CONSULT A PROFESSIONAL PRIOR TO TAKING ACTION BASED ON THE PLATFORM.
6. Relationship Definition. These Terms shall not be construed to, create any legal relationship other than buyer and seller or web viewer and web host.

1. Order Details
   1. Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, we have no duty to sell anything to anyone. You may cancel your order by reviewing our return policy. Pricing, typographical, availability, or other errors may occur on the Platform and we shall never be bound by such.
   2. Prices and Payment Terms.
      1. All prices posted herein are subject to change without notice. The price charged will be the price in effect at the moment the order is placed, price increases will only apply to orders placed after such changes. Posted prices do not include taxes or shipping prices. All such charges will be added to your total, itemized in your shopping cart and in your confirmation email.
      2. Terms of payment are within our sole discretion and payment must be received before our acceptance of an order. You represent and warrant that (i) any payment data you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay in accordance with posted prices, with all applicable taxes or any insufficient fund fees caused by your method.
      3. We are unrelated to payment of transactions on both sides. For instance, if you pay us using your credit card on paypal.com, the terms that govern the transaction are your credit card company and PayPal. You hereby indemnify us from any liability on both sides of said transaction.
   3. Title and Risk of Loss. Title and risk of loss pass to you upon our transfer of the products for delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
   4. Returns and Refunds.
      1. Except products labeled on the Platform as non-returnable, we will accept a return, within 60 days of delivery for a refund of your purchase price, less original shipping and handling costs, and so long as such products are returned in their original condition. To return products, you must contact customer care. You are responsible for all shipping charges on returned items.
      2. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return against loss or damage and use a carrier that can provide you with tracking. Refunds are processed within approximately 6 business days after our receipt of your return. Your refund will be credited back to the same payment method used to make the original purchase.
      3. We will determine in our sole discretion if the condition of the products complies with our return policy. We may return the products to you and keep the initial costs. You authorize us to charge any amounts owed by you under these Terms to the payment method associated with your trial. If we are unable to charge said payment method, you authorize us to update your order with another method in your account and charge the payment method for any amounts owed by you.
2. Promotional and Trials
   1. BrainMD’s Free Trial program offers customers a 7-day sample package of some of our top-selling products. Upon completion and approval of a free trial order, users are automatically enrolled into a 14-day trial membership. At the end of this trial period, membership is upgraded to a full “Subscription Delivery” program. Users will be charged for their first full delivery and sent their first shipment at this time. Users may contact BrainMD’s Customer Care Team (see below) at any time to cancel the trial. Additionally, BrainMD will notify users prior to the subscription upgrade and prior to processing payment for the first Subscription Delivery order.
      

      1. BrainMD’s Subscription Delivery program orders will be charged based on the subscription option* selected by the user:

         • 1 bottle per month (15% savings)

         • 3 bottles per month (20% savings)

         • 6 bottles per month (25% savings)

      2. Each month, the customer’s credit card, supplied at the time of enrollment, will be charged. Upon successful payment, a new shipment will be sent to the address given at time of enrollment. If a payment cannot be processed, user will be contacted and asked to provide BrainMD with current and accurate shipping and billing information. The customer’s order will not be approved and shipped until this information has been obtained and verified.
      3. Users may adjust, pause, or cancel the Subscription Delivery program at any time and for any reason by contacting BrainMD’s Customer Care Team at support@brainmdhealth.com or (888) 850-5287 M-F 6 AM – 5 PM PST. Subscription Delivery service guarantees a selected product’s current price for the lifetime of the subscription. Pausing and/or cancelling membership may forfeit that price guarantee. Offer is valid only in the U.S. *These subscription options are available only on certain items.
   2. Promotions. These terms apply to promotions.
      1. We reserve the right to modify or cancel the offer at any time. If you received the code (directly or indirectly) from a third party, that party reserves the same right.
      2. Offer is good is while supplies last, it is a limited time offer and cannot be combined with other offers.
      3. Shipping and tax fees may still be added. However, if there is a minimum purchase requirement, tax and shipping are not included. Should you return the product, you will receive the amount you paid for it.
      4. Offer limited to qualifying items, one per customer and account, it is not transferrable, must be used in one order and shipped to one address.
      5. Discount will be allocated equivalently among all promotional items in the order.
      6. If you violate any of the offer terms, the offer will be invalid.
   3. Rewards.
      1. Rewards are limited to one per user, points are not transferrable. Points are a unit of measurement to determine future deals at an exchange rate determined by at our sole discretion.
      2. We reserve the right to change the value or limit quantity of, right to approve and deny points at any time, without notice. We reserve the right to cancel membership, change the program and its terms for any reason without notice. If the change pertains only to your specific account, we will notify you. Any misuse is equivalent to forfeiture of the program.
      3. Points are earned in a variety of ways, such as placing qualifying orders on the Platform, sharing products on your social media accounts, or reviewing products. Points may be redeemed for future discounts but shall never be deemed to have a cash value. You can redeem the points during checkout by selecting “Use Rewards Point” at the bottom of the checkout payment page. Alternatively, products enrolled in subscription-delivery will automatically use the available points at purchase.
      4. Once you are enrolled in rewards, you can view and manage your account through the customer account section on our website. You are solely responsible for any tax consequences that may result from your participation in rewards.
3. Limitation of Liability
   1. Warranty. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE SOME STATES DO NOT ALLOW LIMITATIONS ON WARRANTY DURATION, SO THE ABOVE MAY NOT APPLY TO YOU. THE REMEDIES DESCRIBED HEREIN ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY.
   2. Limitation of Liability. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE ALLEGED DEFECTIVE PRODUCT OR SERVICE THAT YOU PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, DATA, WORK, BUSINESS, REPUTATION, USE, GOODWILL, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COST OF REPLACEMENT GOODS OR SERVICES, OR WHETHER DIRECT OR INDIRECT, ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, EVEN IF A REPRESENTATIVE OF OUR COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW.SUBJECT TO ANY STATE LAW LIMITATIONS ON THIS SECTION. Your access and use of the Platform is solely at your own risk and is made available on an "as is" and "as available" basis without warranty of any kind. Though we reserve the right to mend any and all errors, misstatements or omissions, we accept no liability for the security, availability, relevance, accuracy, completeness, reliability, technical concerns, appropriateness, currency of any information, services, products, functionality, merchandise or anything else available on or accessible through the Platform. We are not liable for consequences from the use, or application of any product or service from the Platform, including damage or injury caused by negligence, product liability, or otherwise whether the subject is an individual or entity. Without limiting the generality of the foregoing, we make no representation that the quality of anything obtained via the Platform will meet your expectations or that any such Materials will not be accessed or misused by any other party.
   3. Indemnity. You agree to defend (at our option), indemnify, and us harmless from and against any and all claims, liabilities, damages, expenses, and costs, including attorneys’ fees and costs, arising from or related to your misuse of our Platform or any breach by you of these Terms. We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter.
   4. Force Majeure.
      1. No party shall be liable or responsible to the other, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms (except for any customer obligations of to pay us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, the ("Force Majeure Event(s)"):
         • acts of God;
         • flood, fire, earthquake, OTHER POTENTIAL DISASTER(S) OR CATASTROPHE(S), SUCH AS EPIDEMICS, or explosion;
         • war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest;
         • government order, law, or actions;
         • embargoes or blockades in effect on or after the date of these Terms;
         • national or regional emergency;
         • industrial disturbances such as strikes or slowdowns;
         • shortage of adequate power or transportation facilities; and
         • other similar events beyond the control of the Impacted Party.
      2. Impacted Party shall give notice within 7 days of Force Majeure Event to the other, stating the period of time the occurrence is expected to span. Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such event is minimized. Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. If Impacted Party's failure or delay remains uncured for a period of 30 consecutive days following written notice given by it, the other may thereafter terminate this Agreement upon 7 days' written notice.
   5. Disclaimer. YOU SPECIFICALLY AGREE AND ACKNOWLEDGE THAT, WE WILL NEVER BE LIABLE FOR ANY OFFENSIVE, DEFAMATORY OR ILLEGAL ACTS OF ANOTHER PLATFORM USER. Product packaging and material may contain varying, less or additional data than what listed on the Platform, this includes product description, where manufactured, what displayed on nutritional label and other information. Should a product or service not match details on Platform, your sole remedy is to return it as new (barring products that may not be returned). It is your duty to ascertain and comply with all applicable local, state, federal, and foreign laws pertaining to purchase, possession, and use of any product. The Platform makes available detailing, listings, and images of goods and services. We aimed to precisely display the characteristics of products. However, your computer may project varying displays. Further, other attributes and alike descriptions are approximate and are not guaranteed to be precise.
4. Account
   1. Deactivation of Your Account.
      1. We reserve the right in our sole discretion to deactivate, remove or delete any or all material from your account (including the whole account) or the Platform without notice at any time for any reason. Such action may result in all your account data no longer being accessible, even if you re-open an account. You acknowledge and agree that, except to the extent required by law, we have no obligation to make a copy of your data available at any time.
      2. Upon deactivation of your account or your violation of the Terms, your right to use any component of the Platform will immediately cease. Upon termination of the Terms by either party, you must immediately destroy all content relating to the Platform. We reserve the right to revoke use of site and block any user from viewing, using, or purchasing from the site.
   2. User Covenants. On the Platform, you will not:
      1. Violate the law in any such way relating to the Platform.
      2. Inhibit or restrict another from using the Platform.
      3. Cause injury to another person or entity.
      4. Remove any form of proprietary data from the Platform including harvesting or collecting data about other users.
      5. Adapt, create derivative works, modify, reproduce, translate, make available, or otherwise aim to benefit from any part of Platform without our written consent.
      6. You will not use our identifiers to (1) send any form of solicitation; or (2) use hidden text or metadata.
      7. Systematically download and store any portion of the Platform.
      8. Decompile, reverse engineer, frame, mirror, or disassemble any portion of the Platform, or use any of the Platform for a tortious or fraudulent purpose or for your commercial benefit to the extent such ban is forbidden by applicable law.
      9. Make available via or relating to the Platform any spyware, virus, manual or automatic device or other computer program, code or file that is or is potentially harmful or hijack the operation of, or monitor use of, any equipment, hardware or software or to gather data or circumvent our navigational structure.
      10. Make available anything that:
          • is inaccurate;
          • contains your personal information or would infringe on the rights of other entities or individuals including confidential information;
          • is obscene, indecent, pornographic, threatening, harassing, defamatory, derogatory, slanderous, abusive, hateful, embarrassing to any individual or entity as we determine in our sole discretion or otherwise objectionable;
          • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of a protected class;
          • contains solicitations;
          • contains anything illegal or violates any policy of the Platform;
          • is intended aimed to interfere with the Platform or any of our partners.
      11. You agree to comply with all applicable laws and regulations of any United States jurisdiction including all Export Regulations, as defined below. You represent and warrant that you are buying from the Platform for your own noncommercial use. All purchases from the Platform may be controlled for export purposes by export regulations, including the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations  (15 C.F.R. 768-799) for which ECRA is the permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations").
      12. Interfere with or disrupt the operation of the Platform, systems, servers, or networks used to make the Platform available, or violate any requirement, procedure or policy of such servers or networks.
      13. Violate any law, rule, or regulation, or these Terms of Use.
      14. Seek in any matter to attempt or actually allow, aid or encourage any third party to take any action banned by these Terms.
5. Courses. You agree not to bulk download, scrape or otherwise misappropriate any course material.
   1. Account Creation: To register, you must provide your name, email address,  location of residence and login details.
   2. Data Usage: We may use results from course, but only as consistent with law and our privacy policy.
   3. Certificates. For all courses, payments must be made on time. We may offer certificates for specific courses; we alone will make the determination as to which attendees have merited a certificate. You must complete the ID verification process to obtain a certificate, including providing a photo ID and taking a webcam picture.
   4. Refunds. Refunds could be available, to receive a refund contact Amen University customer care. Any promotions can expire based on conditions detailed upon procurement.
6. Intellectual Property
   1. Use and Ownership. You acknowledge and agree that we are and will remain the sole and exclusive owner of all rights in and to each product, service or any part of the Platform. Your usage of such content grants you a limited license for your personal noncommercial purposes but never ownership.
   2. Privacy. Our Privacy Policy governs the processing of all personal data collected in connection with your purchase of products or services through the Site. More Privacy
   3. Content.
      1. You hereby affirm that any data you provide is complete and accurate.
      2. You alone have a duty to protect the confidentiality and security of your account. We have no liability if you share access to or misplace your device or account.
      3. “Content” is any text, images, videos, audio, drawings, graphics, design, data or trademarks. Any content not defined as User Content is owned by us. “User Content” is any media, text or intellectual property submitted to us for any use. Submission of such grants us ownership and right to use that content in any way.
      4. Submission of illegal or harmful content will not be accepted. We reserve the right to approve or remove content in our sole discretion. You are entirely responsible for such User Content. harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
      5. All reviews are subject to our approval process, such as editing, condensing, removing, or deleting, reviews deemed not to comply with our guidelines.
      6. We do not review content before posting and posts do not reflect our views. You understand that by visiting our Platform you may be see User Content that is objectionable to you. Under no circumstances will we be liable for User Content.
   4. DMCA. Copyright owners who believe the subject of the copyright has been infringed on our Platform should contact our copyright agent at copyright@brainmd.com our address. Notification must include:
      1. Description copyrighted work or works and the allegedly infringing subject. You must provide sufficient information for us to identify said information.
      2. Infringers contact information.
      3. Statement that you believe that the use of the material is unauthorized.
      4. The notice is true, and you have authority to act on behalf of copyright owner.
7. Dispute Resolution
   1. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
   2. Binding Arbitration. YOU AND BRAINMD AGREE TO FORGO ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION PERTAINING TO YOUR USE OF THE PLATFORM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER PRE-EXISTING, PRESENT OR FUTURE) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE PLATFORM, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
      1. Arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect unless modified herein otherwise. (AAA Rules are available at adr.org or by calling 800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section.
      2. The arbitrator will have exclusive authority to resolve any dispute relating to enforceability of this provision, including unconscionability or other challenge that the arbitration provision or the Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief available in court under law or in equity. Any award will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
      3. You agree to arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
      4. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. The tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this Section is found unenforceable, said provision will be severed and the remaining terms will be enforced.
8. General.
   1. Assignment. You will not assign any of your rights or obligations herein without our prior written consent. Any purported assignment in violation of this is null and void. No assignment or delegation relieves you of any of your obligations herein.
   2. Waiver. The failure by us to enforce any right or provision herein will not constitute a waiver of future enforcement of that right or provision. Said waiver will be effective only if in writing and signed by a duly authorized representative of BrainMD.
   3. Notices.
      1. To You. We may provide any notice to you under these Terms by: (i) emailing you at the address you provide or (ii) posting to the Site. Emailed notices will be effective upon sending and notices we post will be effective upon posting.
      2. To Us. To notify us, you must contact us as follows: by personal delivery certified mail to BrainMD, 1929 Main St Suite 106, Irvine, CA 92614. We may update the address for notices to us by posting a notice on the Platform. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
   4. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
   5. Headings. Headings used herein are for reference only and in no way define or limit the scope of any section.
   6. Entire Agreement. These Terms and our Privacy Policy will be deemed the final, whole and integrated agreement between you and us on all stated in herein. Any translation of these Terms to a language other than English is of no legal effect, and you agree that the English version will control in a situation of conflict.
   7. Contact Us. If you have any concerns about the company or Platform, please contact us and we will try to resolve it.
9. Third Parties.
   1. Links. We are not responsible for and cannot guarantee the performance of third parties to whose sites we link. Always read labels, warnings, directions, and other information provided with the product before using the product. For additional information about a product, please contact the manufacturer.
   2. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.