Last updated: September 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.thebrainhealthmagazine.com website (the “Website”) operated by Faces of TBI, LLC (“us”, “we”, “our”) as these Terms and Conditions contain important information regarding the limitations of our liability. The Brain Health Magazine is located and operated in Minnesota.
Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including, but not limited to: visitors, users, and others, who wish to access or use the Website.
By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have our permission to access or use the Website.
This Website is provided solely as a platform to sell The Brain Health Magazine products, providing information on how to submit blog posts and as a blog with information for brain injury survivors, caregivers, providers, professionals, and consumers.
Purchases
If you wish to purchase any product or service made available through the Website (“Purchase”), you will be asked to supply a valid name, address, and email address. All payments shall be processed by Paypal. You will supply the information needed for purchase such as your credit card number on the third-party payment processing systems of Paypal. The Brain Health Magazine is not responsible for the safety of the information that you input on Paypal.
You hereby represent and warrant that: (i) you have the legal right to use any payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: product or service availability, error(s) in your order, or for any other reason.
We have the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. If fraud or an unauthorized or illegal transaction is suspected, we have the right to contact law enforcement to report the above actions and to provide your information.
CANCELLATION POLICY
To cancel your purchase, you must notify The Brain Health Magazine prior to the item being shipped.
REFUNDS
All sales are final. The Brain Health Magazine shall not issue refunds. If you receive an item that is damaged, you must report it to us immediately upon receipt for replacement. If you have not reported an item damaged immediately upon receipt, The Brain Health Magazine shall not replace the item.
Availability, Errors, and Inaccuracies
We assume no liability for availability, errors, or inaccuracies in the information provided on this Website. We may experience delays in updating information on the Website and in our advertising on other websites. The information, software, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or Services may be incorrectly priced, described inaccurately, or unavailable on the Website and we cannot guarantee the accuracy or completeness of any information found on the Website. We expressly reserve the right to correct any pricing errors on our Website.
The Brain Health Magazine makes no representations about the suitability of the information, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by The Brain Health Magazine. All such information, products, and services are provided “as is” without warranty of any kind. The Brain Health Magazine disclaims all warranties and conditions that this Website, its servers or any email sent from The Brain Health Magazine are free of viruses or other harmful components. The Brain Health Magazine hereby disclaims all warranties and conditions with regard to this information, software, products and, services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and noninfringement.
Links to ThirdParty Sites
This Website may contain hyperlinks to websites operated by parties other than The Brain Health Magazine. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Comments and other Posts
The Brain Health Magazine in its sole discretion, may refuse to post, remove, or require you to remove, any content provided by you, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. The Brain Health Magazine may remove any and all content provided by you that is considered derogatory, inflammatory, violent, or graphic in nature. The Brain Health Magazine does not have to provide you with notice before removing any content provided by you. You may not use the Website to solicit or spam anyone and are not permitted to post links that act as solicitation or spam.
Intellectual Property
All contents of this Website are ©2019 The Brain Health Magazine. All rights reserved. The Brain Heatlh Magazine, www.thebrainhealthmagazine.com , and all content and other materials on this Website, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of The Brain Health Magazine, and are either registered trademarks or trademarks of The Brain Health Magazine in the U.S. and/or other countries, unless specified otherwise. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of our intellectual property, please let us know by contacting us at hello@thebrainhealthmagazine.com
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If we receive a notice stating that content on our Website infringes on the copyright or other intellectual property rights of any person or entity, we shall immediately take down the possibly infringing content.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to hello@thebrainhealthmagazine.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.
You may be held accountable for damages (including costs and attorneys’ fees) for any misrepresentation or bad faith claims on the infringement of any Content found on and/or through the Website on your copyright.
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. To report that your intellectual property rights have been infringed upon, please email us at hello@thebrainhealthmagazine.com and include the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
2. a description of the copyrighted work that you claim has been infringed, including
the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. your address, telephone number, and email address;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Contests, Sweepstakes, and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
Indemnification
In no event shall The Brain Health Magazine, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
DAMAGES
In no event shall The Brain Health Magazine be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the The Brain Health Magazine has been advised of the possibility of such damages.
If, despite the limitation above, The Brain Health Magazine is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of The Brain Health Magazine will in no event exceed the product costs that you paid to The Brain Health Magazine.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of The Brain Health Magazine.
Governing Law, Severability, Dispute Resolution, and Venue
These Terms shall be governed and construed in accordance with the laws of Minnesota, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website and supersede and replace any prior agreements we might have had between us regarding the Website.
All disputes that cannot be resolved by using the procedure outlined in these Terms of Website shall be resolved by a court of law standing in Dakota County, MN. You hereby subject yourself to the jurisdiction of a court of law in Dakota County, MN and waive all claims to change the venue.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
CONTACT US
If you have any questions about these Terms, please contact us at hello@thebrainhealthmagazine.com
