Terms of Use

Last updated: March 23, 2023

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the BrainyBoosts.com website (the “Service”) operated by BrainyBoosts.com (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have permission to access the Service.

  1. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of BrainyBoosts.com and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BrainyBoosts.com.

  1. Affiliate Disclosure

BrainyBoosts.com participates in various affiliate marketing programs, which means we may receive commissions on purchases made through our links to retailer sites. The commissions we receive do not influence the content or opinions expressed on our website. All products and services featured on our website are selected by our editors and writers, regardless of any potential affiliate commissions.

  1. Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by BrainyBoosts.com. BrainyBoosts.com has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that BrainyBoosts.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

  1. Medical Disclaimer

The information and content provided on BrainyBoosts.com, including any text, graphics, images, and other material, are for informational purposes only and should not be construed as medical advice, diagnosis, treatment, or a substitute for professional healthcare. The author of the content on BrainyBoosts.com is not a healthcare professional, and the content presented herein is based on general guidelines and expert opinions, which may not be applicable to your specific health condition or circumstances.

Always consult a qualified healthcare professional before making any decisions regarding your health, including the use of supplements, diet, exercise, or other health-related interventions. Do not disregard, avoid, or delay obtaining medical advice from a healthcare professional because of something you have read on BrainyBoosts.com.

The author and publisher of BrainyBoosts.com expressly disclaim any responsibility or liability for any adverse effects, loss, or damage incurred as a direct or indirect consequence of the use or application of any of the contents on BrainyBoosts.com. By using the information provided on BrainyBoosts.com, you agree to assume full responsibility for your safety and well-being and release the author and publisher from any liability arising from your use of the content.

  1. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

  1. Indemnification

You agree to defend, indemnify, and hold harmless BrainyBoosts.com, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including, but not limited to, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Service.

  1. Limitation of Liability

In no event shall BrainyBoosts.com, 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 Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; 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.

  1. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

BrainyBoosts.com its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

  1. Governing Law

These Terms shall be governed and construed in accordance with the laws of New York State, 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 Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

  1. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service 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 Service.

  1. Contact Us

If you have any questions about these Terms, please contact us at:

[email protected]

  1. Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

  1. Waiver

No waiver of any provision of these Terms by BrainyBoosts.com shall be deemed a further or continuing waiver of such provision or any other provision, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14. DMCA Policy

BrainyBoosts.com respects the intellectual property rights of others and expects users of the Service to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), we will respond promptly to claims of copyright infringement committed using the Service that are reported to our Designated Copyright Agent, identified in the sample notice below.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our Copyright Agent, as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Service;
  4. Information reasonably sufficient to permit BrainyBoosts.com to contact you, such as your address, telephone number, and email address;
  5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Designated Copyright Agent:

[email protected]

15. Prohibited Uses

You agree not to use the Service:

  1. For any unlawful purpose or to promote any illegal activities;
  2. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  3. To submit false or misleading information or impersonate another person or entity;
  4. To upload, transmit, or distribute any computer viruses or any software intended to damage or alter a computer system or data;
  5. To infringe upon or violate the intellectual property rights of others;
  6. To collect or track the personal information of others;
  7. To spam, phish, pharm, pretext, spider, crawl, or scrape the Service;
  8. To interfere with or circumvent the security features of the Service, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

16. Age Restriction

By using the Service, you represent and warrant that you are at least 18 years of age. If you are under the age of 18, you may not access or use the Service. We reserve the right to terminate your access to the Service if we become aware that you are under 18 years of age.

17. Privacy Policy

Please refer to our Privacy Policy, available at [Your Privacy Policy URL], for information on how we collect, use, and protect your personal information. By using the Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

Remember to consult with a legal professional to ensure your Terms of Use, DMCA Policy, and Privacy Policy are compliant with local laws and regulations.

18. Entire Agreement

These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein, constitute the entire agreement between you and BrainyBoosts.com concerning the Service and supersede any and all previous agreements, whether written or oral, with respect to the Service. In the event of any inconsistency or conflict between these Terms of Use and any additional terms and conditions or policies referred to herein, these Terms of Use shall prevail.

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