TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR THE SUBSCRIPTION SERVICES.

By using this site and/or its subscription services, you signify your assent to these Terms and Conditions.  If you do not agree to all of these Terms and Conditions, do not use this site or its services!  Train Your Brain (“TYB”) may revise and update these Terms and Conditions at any time.  Your continued usage of this site or its services will mean you accept those changes.

Not Medical Advice.  The contents of this site, such as text, graphics and images, and e-mails provided as part of the subscription services (collectively, the “Content”) are for informational purposes only.  The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment.  Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.  Never disregard professional medical advice or delay in seeking it because of something you have read on this site or an e-mail provided as part of the subscription services.

Use of Content.  TYB authorizes you to view or download a single copy of the material on this site or provided as part of its subscription services solely for your personal, noncommercial use if you do not remove any copyright or other proprietary rights notices that are contained in the Content.  The Content is protected by copyright under both United States and foreign laws.  TYB (or its licensors) retains all right, title and interest to the Content.  Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.  This site, its subscription services and the Content are subject to change or termination without notice in the editorial discretion of TYB.  All rights not expressly granted herein are reserved to TYB (and its licensors).  If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Own Risk.  The use of this site, its subscription services and the Content is at your own risk.  When using this site or its subscription services, information will be transmitted over a medium that may be beyond the control and jurisdiction of TYB, its licensors, its service providers or any third parties mentioned on this site or e-mails provide as part of its subscription services (collectively, the “Providers”).  Accordingly, the Providers assume no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this site or its subscription services.

This site, its subscription services and the Content are provided on an “as is” basis.  THE PROVIDERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.  Without limiting the foregoing, the Providers make no representations or warranties about the accuracy, reliability, completeness, currentness or timeliness of the Content.

In no event shall the Providers be liable for any damages (including, without limitation, direct or indirect damages, incidental and consequential damages, personal injury/wrongful death, lost profits or damages resulting from lost data or business interruption) resulting from the use of or inability to use this site, its subscription services or the Content, whether based on warranty, contract, tort or any other legal theory, and whether or not one or more of the Providers are advised of the possibility of such damages.  Any claims arising in connection with your use of this site, its subscription services or the Content must be brought within 1 year of the date of the event giving rise to such action occurred.  Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

Privacy.  Click here to see our Privacy Statement.

Charges and Billing.  You are responsible for providing a valid credit card number at the time you register for a subscription service.  You represent and warrant that you are 19 or older and an authorized user of such credit card, and you agree to pay all charges resulting from your subscription service account at the prices then in effect, including any unauthorized charges incurred prior to you notifying TYB of such charges.  You agree that TYB may pass your credit card information and related personally identifiable information to its designated service providers for their use in charging you for appropriate services utilized through your subscription service and providing the subscription services.  All subscription service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes.  TYB reserves the right to modify or terminate membership plans, change prices or institute new charges for any subscription service at any time with at least 30 days’ notice. 

Indemnity.  You agree to defend, indemnify and hold the Providers, their officers, directors, employees and agents harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General.  TYB is based in Lincoln, Nebraska, in the United States of America.  We make no claims that the Content is appropriate or may be downloaded or transmitted outside of the United States.  Access to the Content may not be legal by certain persons or in certain countries.  If you access this site or subscribe to its subscription services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

You expressly agree that exclusive jurisdiction for any dispute with TYB, or in any way relating to your use of this site, its subscription services or the Content resides in the courts of the State of Nebraska and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Nebraska in connection with any such dispute including any claim involving the Providers, their officers, directors, employees or agents.

These Terms and Conditions are governed by the laws of the State of Nebraska, without respect to conflict of laws principles.  If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.  No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

These Terms and Conditions and the Privacy Statement constitute the entire agreement between you and TYB with respect to the use of this site, its subscription services and Content. Provisions of these Terms and Conditions and the Privacy Statement which are either expressed to survive its expiration or termination or, from their nature or context it is contemplated that they are to survive such expiration or termination, shall remain in full force and effect notwithstanding such expiration or termination, including the provisions regarding Own Risk, Indemnity and General.

Last Updated: February 2008

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