Welcome to BrainFitnessMD. By accessing our website, you agree to be bound by these Terms and Conditions, our Privacy Policy, and Disclaimer. Please read them carefully before using our services.
Privacy Policy
Data Collection
Our Privacy Policy governs how we collect and use your data when you access our website.
User Rights
Learn about your rights regarding the information we collect and how you can exercise them.
Data Security
We implement measures to protect your personal information and ensure its confidentiality.
Disclaimer
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Information Limitations
Our Disclaimer informs users that all information provided on the Website is for general informational purposes only and should not be relied upon for medical decisions.
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No Medical or Professional Advice
The content on our website is strictly for informational purposes and should never be used as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider.
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No Doctor-Patient Relationship
Using this website does not create a doctor-patient relationship between you and BrainFitnessMD or any of its healthcare professionals. No medical services or professional care is provided through the website.
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User Responsibility
Users are responsible for evaluating the accuracy and applicability of the information to their individual circumstances and must independently verify any information that may influence medical or health decisions.
Age Restrictions
18+ Only
To access or use the Website, you must be 18 years of age or older.
Authority Required
Users must have the requisite power and authority to enter into these Terms.
Minors Prohibited
Children under the age of 18 are prohibited from using the Website.
Lawful Purposes
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Legitimate Use
You may use the Website for lawful purposes only. All purchases must be for legitimate, non-commercial purposes.
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Financial Responsibility
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website.
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Prohibited Content
You shall not post or transmit any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, or otherwise objectionable.
Use of Free Downloadable Content
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Limited License
We grant you a limited, personal, non-exclusive, non-transferable license to use the Gated Content for your own personal or internal business use.
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Restrictions
You have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or exploit any of the Gated Content in any manner.
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No Redistribution
You agree not to sell, redistribute, or create any derivative works based upon the Gated Content or offer any competing products or services based upon any information contained in the Gated Content.
Material You Submit to the Website
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License Grant
By submitting content, you grant us a worldwide, non-exclusive, irrevocable license to use your Submission for promotional, business development, and marketing purposes.
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Intellectual Property Rights
You retain copyrights and any other rights you may rightfully hold in any Submissions that you submit through the Website.
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Representations and Warranties
You represent and warrant that you own or control all rights to your Submission and that its use will not violate any laws or rights of third parties.
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Indemnification
You agree to hold us harmless from any claims related to your Submissions.
Our Intellectual Property
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Ownership
We own all intellectual property on the Website
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License to Use
You are granted a limited license to access and use the Website
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Restrictions
You may not modify, distribute, or create derivative works
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Trademarks
Our name, logo, and related marks are our trademarks
Changed Terms
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Amendments
We may amend these Terms at any time
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Notification
Changes will be reflected in the "Last Updated" date
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Effective Immediately
Revisions become effective upon posting
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Implied Consent
Continued use implies acceptance of new Terms
No Warranties
As Is Basis
We provide our Website and related information and services on an "AS IS" and "AS AVAILABLE" basis WITHOUT ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
No Guarantee
While we strive for accuracy, we do not warrant the accuracy, completeness, timeliness, or fitness for any particular purpose of the content and materials provided.
Disclaimer
To the maximum extent permitted by law, we disclaim all warranties, including but not limited to warranties of non-infringement, merchantability, or fitness for a particular purpose.
Limitation of Liability
No Liability for Damages
We are not liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or other damages arising out of your use of the Website or its resources, products, or services.
Specific Exclusions
We are not liable for damages related to performance failures, errors, omissions, interruptions, deletions, defects, delays, computer viruses, loss of data, unauthorized access to or alteration of your data.
Maximum Liability
In no event shall our total liability to you exceed the total purchase price of any products or services you have purchased from us.
No Guarantee of Availability
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Interruptions
Your use of the Website and associated services may be subject to interruptions or delays.
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Right to Amend
We reserve the right to withdraw or amend any service or material provided on the Website at our sole discretion and without notice.
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No Liability
We will not be liable if the Website or its resources or services become unavailable, interrupted, or delayed for any reason.
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Subject to Change
The information provided on the Website and any downloadable resources is subject to change, and we make no representation or warranty as to its accuracy, completeness, reliability, or timeliness.
Malicious Code
No Guarantee
We do not guarantee that the Website or any data available on it is free of malicious code.
Preventive Measures
We take measures to prevent the introduction of viruses or other malicious code onto the Website.
User Responsibility
It is your responsibility to ensure that your methods of accessing the Website do not expose your computer system to harmful interference or damage from malicious code.
Security
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Inherent Risks
You acknowledge the inherent risks of unauthorized access or alteration of your data. We are not responsible or liable for any losses arising from such unauthorized access or alteration.
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User Responsibility
All information transmitted to or from you is done so at your own risk, and you assume all risks associated with your use of the Website and the Internet.
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No Liability
We are not liable for any interference or damage to your computer system resulting from your access to the Website or any outbound links.
Third-Party Resources
External Links
The Website may include links to external websites that are not owned or controlled by us. We do not guarantee and are not responsible for the availability, accuracy, relevance, timeliness, or completeness of any external websites or the information provided therein.
No Endorsement
Links to such websites do not imply an endorsement or affiliation with us. You assume all risk arising from your use of any such third-party websites or resources.
Third-Party Content
We may occasionally provide third-party content, such as guest posts or interviews. We do not control this content, are not responsible for verifying its accuracy, and cannot guarantee the veracity of statements made by third-party contributors.
Indemnification
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Agreement to Indemnify
You agree to indemnify and hold harmless Dr. Ray Ownby and Enalan Communications, Inc. and its affiliates from any claims arising out of your breach of these Terms or use of the Website.
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Scope of Indemnification
This includes losses, damages, settlements, liabilities, costs, charges, assessments, expenses, and third-party claims (including reasonable attorney's fees).
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Cooperation
You agree to provide reasonable assistance in defending any such claim, at no cost to us, and you may not settle any claim without our prior written consent.
Effect of Headings; Severability
Headings
The headings in these Terms are provided for convenience only and shall not affect the interpretation of any provision.
Severability
If any portion of these Terms is found to be unenforceable or contrary to law, that portion will be construed to reflect the parties' original intent to the maximum extent permitted by law.
Remainder in Effect
The remainder of the Terms shall remain in full force and effect.
Entire Agreement; Waiver
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Complete Agreement
These Terms, Privacy Policy, and Disclaimer constitute the entire agreement regarding the Website.
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Supersedes Prior Agreements
This agreement supersedes all prior agreements, representations, or understandings.
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Waiver Limitations
Any waiver of rights under these Terms will not operate as a waiver of subsequent rights unless in writing.
Governing Law; Jurisdiction
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Applicable Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida.
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Exclusive Jurisdiction
The courts of Florida shall have exclusive jurisdiction over any disputes arising from these Terms.
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Venue Agreement
You agree that any legal proceeding must be brought exclusively in the appropriate courts located in Broward County, Florida, and you waive any objections to venue.
Alternative Dispute Resolution
Mediation First
The parties agree to attempt to resolve any dispute through mediation before pursuing other legal remedies.
Condition Precedent
Your participation in mediation is a condition precedent to seeking any further dispute resolution.
Other Options
If mediation fails, parties may then pursue litigation or arbitration.
All Rights Reserved
Reserved Rights
All rights not expressly granted in these Terms are reserved by us.
Additional Usage
If you do not see a usage scenario here that applies to your intended use, please contact us.
Inquiries
For any questions about rights or usage, contact us at [your business email].