Updated 5 December 2007.
BrainWatch.net is an online information and communications service (the "Service")
provided by Brain Health Alliance, Inc., a California not-for-profit public benefit
corporation, with support from its volunteers, donors, and sponsors. Use of the
Service is governed by the terms and conditions of this Agreement. Please read this
Agreement carefully before accessing or using the Service. Throughout this Agreement,
"Brain Health Alliance, Inc." is referred to as "we" or "us".
General terms and conditions
Your access and use of this site and its services bind you to this Agreement. If
you do not agree to the Service Policy (including all terms and conditions of use)
for this site as detailed in this Agreement, you may not use the site or its services.
We may modify this Agreement at any time. Any modifications made to this Agreement
will be effective immediately upon posting on the site. By accessing or using the
Service, you agree to be bound by all of the terms and conditions of the Agreement
as posted on the Service at the time of your access or use. You agree to review
the Agreement posted on the Service each time you use the Service so that you are
aware of any modifications made to this Agreement.
Disclaimer
THE SERVICE AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE IS
PROVIDED ON AN "AS IS" BASIS. THAT MEANS THAT THE INFORMATION CONTAINED ON OR PROVIDED
THROUGH THIS SERVICE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION.
ANY ACCESS TO THIS SITE IS VOLUNTARY. WE WILL REGARD ALL ACCESS AS VOLUNTARY AND
AT THE SOLE RISK OF THE USER.
This site and its services are for consumer educational use only. Nothing contained
in this site is or should be considered, or used as a substitute for, medical advice,
diagnosis, or treatment. The services provided on this site are here to educate
consumers on health care and medical issues that may affect their daily lives. This
site and its services do not constitute the practice of any medical, nursing or
other professional health care advice, diagnosis or treatment.
Because of the designated purpose of this site and the services it provides, you
agree that BrainWatch.net does not constitute a service that targets any one community,
user group, business or industry. Because the site is designed for educational purposes,
you also agree that it does not constitute "doing business" in any specific jurisdiction,
or soliciting business for us or any of our affiliates, subsidiaries, or parent
company, or establishing "minimum contacts" with any jurisdiction outside of the
state of California.
We advise users to always seek the advice of a physician or other qualified health
care provider with any questions regarding personal health or medical conditions.
Never disregard, avoid or delay in obtaining medical advice from your doctor or
other qualified health care provider because of something you have read on this
site. If you have or suspect that you have a medical problem or condition, please
contact a qualified health care professional immediately. If you are in the United
States and are experiencing a medical emergency, please dial 911 or call for emergency
medical help on the nearest telephone.
We do not operate, control, supply, endorse, warrant or guarantee any information,
products, services or merchandise that is not clearly identified as information,
products, services or merchandise supplied by us. We also do not warrant or guarantee
that files available for downloading through the Service will be free of infections
or viruses, worms, Trojan horses or other code and malware that contains contaminating
or destructive properties.
We, and our content providers, cannot and do not guarantee or warrant against errors,
omissions, delays, interruptions or losses, including loss of data. Users of this
site are responsible for maintaining a means external to BrainWatch.net for the
reconstruction of any lost data.
We reserve the right at any time and from time to time to modify or discontinue,
temporarily or permanently, this site, or any part thereof, with or without notice.
Warranties and limitation of liability
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD
TO THE SERVICE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE
OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE. WE DO NOT WARRANT OR GUARANTEE
THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION,
PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SERVICE OR
ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE ARE NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN
BY BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE.
Users' agreement
By registering to use this site, users will create a personal profile account. Users
agree to maintain the security of all user identification, password and other confidential
information relating to the use of their Service account.
Users will not upload or transmit any communications or content of any type that
infringes or violates any rights of any party.
Users will not use this site for any purpose in violation of local, state, national
or international laws.
Users will not use this site as a means to distribute advertising or other unsolicited
material to any third party.
Users will not post material that is unlawful, obscene, defamatory, threatening,
harassing, abusive, slanderous, hateful or embarrassing to any other person or entity
as determined by us in our sole discretion.
Users will not impersonate another person or create any false BrainWatch.net account
information or health record for themselves or others.
Users will not hold us, or any of our affiliates, subsidiaries or parent company
liable for damages including (but not limited to) loss of wages, revenue or business
because of any services related to or provided by this site. The sole and exclusive
remedy for dissatisfaction with the services of this site will be to stop using
the Service.
Users will indemnify us and any of our parent or subsidiary companies or organizations,
and any of our successors, assigns or licensees, together with any of their respective
officers, directors and employees, against any damages, losses, liabilities, judgments,
costs or expenses (including reasonable attorneys' fees and costs) arising out of
a claim by a third party relating to use of the Service, or any breach or violation
of this Agreement or any other term or condition contained on the Service.
Users agree to comply with all user responsibilities and obligations as stated in
these Terms of Service.
Users' representations
All site users represent and warrant that they are at least 18 years of age and
that they possess the legal right and ability to agree to this Service Policy with
its terms and conditions of use, and to use this site in accordance with this Service
Policy.
Blogs, Forums, and Galleries
If you use the blogs, forums, or galleries features, you agree to the following:
By posting any content including comments, messages, photos, videos, files, data,
attachments or other material on any of the the blogs, forums, or galleries, you
give us the irrevocable right to reproduce, distribute, publish, display, edit,
modify, create derivative works from, and otherwise use your submission for any
purpose in any form and on any media. You also agree that you will not:
- Post material that infringes on the rights of any third party,
including intellectual property, privacy or publicity rights.
- Post material that is unlawful, obscene, defamatory, threatening,
harassing, abusive, slanderous, hateful, or embarrassing to any other person or
entity as determined by us at our sole discretion.
- Post advertisements or solicitations of business.
- Post chain letters or pyramid schemes.
- Impersonate another person.
- Allow any other person or entity to use your identification
for posting or viewing comments.
- Create "spam" or post the same content more than once.
At our discretion and without obligation, we reserve the right to do any or all
of the following:
- Remove communications that are abusive, illegal or disruptive,
or that otherwise fail to conform with this Service Policy.
- Edit or delete any communications posted, regardless of whether
such communications violate these standards.
- Terminate a user's access to the posting features upon any breach
of this Service Policy.
- Terminate a user's account and all access to those sections
of the site intended for registered users only.
Finally, you agree that you will indemnify us against any damages, losses, liabilities,
judgments, costs or expenses (including reasonable attorneys' fees and costs) arising
out of a claim by a third party relating to any material you have posted.
Conflict resolution
You agree that this Agreement is entered into between you and us in the State of
California, United States of America, and is performed within the State of California
and governed by and shall be construed in all respects under the laws of the State
of California, exclusive of its choice of law or conflict of laws provisions. In
any claim or action by you directly or indirectly arising under this Agreement or
related to the Service, you and we each irrevocably agree to submit to the exclusive
personal jurisdiction of the California State District Court sitting in Orange County,
California, or if such court does not have subject matter jurisdiction, then you
and we each irrevocably agree to submit to the exclusive personal jurisdiction of
the United States Court for the District of California, and whichever of those two
courts has jurisdiction, you and we each waive any jurisdictional, venue or inconvenient
forum objections to such court.
If any of the provisions of this Agreement are held to be not enforceable by a court
or other tribunal of competent jurisdiction, then such provisions shall be limited
or eliminated to the minimum extent necessary so that this Agreement shall otherwise
remain in full force and effect.
This Agreement constitutes the entire agreement between you and us relating to the
access and use of the site and any of its services. This Agreement may not be modified,
in whole or in part, except as described elsewhere in this Agreement. Anything contained
on the Service inconsistent with or conflicting with the terms of this Agreement
is superseded by the terms of this Agreement.
Termination of services
If you violate the terms and conditions of use declared in this Service Policy,
your use of this site will terminate. We may notify you that you have breached the
Agreement and your account is being terminated. We may, in our sole discretion,
terminate your access to this site, or any portion thereof, or discontinue providing
the site, or any portion thereof. These actions are in addition to and not in lieu
or limitation of any other right or remedy we may have available at law. Further,
we shall not be liable to you or any third party for any such termination or discontinuance.
General
We do not guarantee continuous, uninterrupted or secure access to our services,
and operation of this site may be interfered with by numerous factors outside of
our control. You agree that this Service Policy and its terms and conditions of
use and all incorporated agreements between us and you may be automatically assigned
by us, in our sole discretion, to a third party in the event of a merger, acquisition
or liquidation.
Our failure to act with respect to a breach by you or others of this Service Policy
and its terms and conditions of use does not waive our right to act with respect
to subsequent or similar breaches. This Service Policy sets forth the entire understanding
and agreement between us and any site user with respect to the site, its uses and
services.
Copyright and trademarks
The marks "Brain Health Alliance", "Brain Watch", "BrainWatch.net", and "Building
Bridges for Better Brain Health" are trademarks and service marks of Brain Health
Alliance, Inc.
The materials on the site are copyrighted by us and/or other applicable rights holders.
You may download and reprint a single copy of the materials from the Service for
your own personal, noncommercial use only, provided you include all applicable notices
and disclaimers. Any other use of the materials is strictly prohibited without our
prior written permission and the permission of the applicable rights holder(s).
Use of cookies
"Cookies" are small pieces of information that some Web sites store on your computer's
hard drive when you visit them. We use cookies to provide us with information relating
to the sources of our site traffic. Most Web browsers automatically accept cookies
but allow you to modify security settings so you can approve or reject cookies on
a case-by-case basis. Our site requires that cookies, JavaScript and Java Applets
be enabled. If you reject cookies from our site, some parts of our site may not
work properly.
Our sponsors and advertisers and their Ad Servers may use cookies when you view
pages on our site. They use those cookies to collect nonpersonal information as
a way of measuring the effectiveness of their advertising. We do not control these
third parties' use of cookies or how they manage the nonpersonal information they
gather through them. However, our sponsors and advertisers have agreed that they
will not collect any personally identifiable information from our site visitors
while they are on BrainWatch.net. If you click on an advertisement on BrainWatch.net
and visit a site maintained by one of our sponsors or advertisers, please be aware
that we are not responsible for the privacy practices of those sites. You should
read the privacy policies of each site you visit to determine what information that
site may be collecting about you.
Some Ad Servers allow you to opt out of anonymous data collection through the use
of cookies. To do so, you must opt out of such data collection with each individual
site. You can opt out of cookies for several Ad Servers by visiting the Network Advertising Initiative gateway opt-out site. At
that site you can also review the privacy policies of those Ad Servers.
Collection of personal information
We collect personal information that you choose to share with us in the registration
and profile sections of our site. We may also collect information via polls, surveys,
and health tools if and when posted and made available on our site. The information
that we collect may include your e-mail address, your health interests, and your
answers to questions about your health status. We use this information to tailor
our services to the data you entered. Information from registration is saved to
our database. This enables you to use the personalized features on our site on a
recurring basis. This saved information is collected only with your permission and
may be updated or deleted by you at any time. If you choose to not provide the information
required for registration, you may not register with the site and you will not be
able to personalize the site.
Contact information
If you have any questions about the Service, please contact us at:
Brain Health Alliance, Inc.
8 Gilly Flower Street
Ladera Ranch, CA 92694-0890
Tel: 1-949-481-3121