Braindirector Terms of Service
last modified : 1 July 2014
Braindirector requires all users to comply with all laws associated with all activities within the blog, forums and gaming section. Users should notify the moderators if they suspect that any user is conducting him/herself in a manner that is illegal or unethical. USER REPRESENTATIONS Regarding Your Registration By using the Braindirector Services, you represent and warrant that: All registration information you submit is truthful and accurate;
You will maintain the accuracy of such information;
You will keep your password confidential and will be responsible for all use of your password and account;
You are at least 18 years of age; and
Your use of the Braindirector Services does not violate any applicable law or regulation. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Braindirector has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Braindirector has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name. Braindirector reserves the right to refuse the Braindirector Services, or any part of the service, to any user for any reason. You may not create multiple usernames and accounts for the purpose of committing fraud, making misrepresentations, or to make posts by multiple usernames within the same forum thread. Regarding Use of the Website Services The user represents and warrants that the user will use the Website Services in strict compliance with all laws and regulations, including, without limitation, laws regulating marketing, advertising, security, and privacy, such as the Telemarketing and Consumer Fraud and Abuse Prevention Act (including the Telemarketing Sales Rule and “Do Not Call” regulations), the CAN-SPAM Act of 2003, and the Federal Trade Commission Act, including prohibitions against deceptive advertising, the Business Opportunity Rule, and Guides Concerning the Use of Endorsements and Testimonials in Advertising. Regarding Content You Provide The Website may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Braindirector and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions you transmit to Braindirector will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that: the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Braindirector and the Website users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;
your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Braindirector), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of a government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party; your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Contribution, or (ii) secured from your employer a waiver as to all rights in or to your Contribution;
your Contribution does not violate any state or federal law designed to regulate electronic advertising; your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Warrior or others’ computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party; your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Contribution, or (ii) secured from your employer a waiver as to all rights in or to your Contribution;
your Contribution does not violate any state or federal law designed to regulate electronic advertising;
your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Braindirector or others’ computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;
your Contribution does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose; and your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation. Limitations of Use of Other User’s Information; No Spam You agree that, with respect to other users’ personal information that you obtain through the Website or through any Website-related communication or any Website-facilitated transaction, we have granted to you a license to use such information only for: (a) any Website-related communications that are not unsolicited commercial messages, (b) using services offered through the Website, (c) facilitating a financial transaction between you and the other user, and (d) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party without both our consent and the consent of the other user. GUIDELINES FOR REVIEWS Braindirector may accept, reject or remove reviews in its sole discretion. Braindirector has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Braindirector, and do not represent the views of Braindirector or of any affiliate or partner of Braindirector. Braindirector does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Braindirector a perpetual, non-exclusive, worldwide, non-exclusive, royalty-free, fully-paid, assignable and sublicensable license to Braindirector to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews. CONTRIBUTION LICENSE By posting Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Braindirector an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed. By uploading your Contributions, you hereby warrant that your Contributions are free of any digital rights management, including any software designed to limit the number of times the Contributions may be copied or played. Braindirector does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. Notwithstanding the foregoing, distribution and sharing of your Contributions will be subject to the privacy settings you select. BRAINDIRECTOR HAS THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO (I) EDIT, REDACT OR OTHERWISE CHANGE ANY CONTRIBUTIONS, (II) RE-CATEGORIZE ANY CONTRIBUTIONS TO PLACE THEM IN MORE APPROPRIATE LOCATIONS OR (III) PRE-SCREEN OR DELETE ANY CONTRIBUTIONS THAT ARE DETERMINED TO BE INAPPROPRIATE OR OTHERWISE IN VIOLATION OF THIS AGREEMENT. By uploading your Contributions to the Website, you hereby authorize Braindirector to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind. SUBMISSIONS You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Braindirector Services (“Submissions”) provided by you to Braindirector are non-confidential and Braindirector (as well as any designee of Braindirector) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. PURCHASES Braindirector is not responsible for any buy/purchase between the members of its forum. PROHIBITED ACTIVITIES You may not access or use the Website for any other purpose other than that for which Braindirector makes it available. Prohibited activity includes, but is not limited to: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Braindirector;
making any unauthorized use of the Braindirector Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
disguising the origin of any information or inquiry transmitted through the Website or using tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service;
engaging in unlawful multi-level marketing (such as a pyramid scheme);
offering any contest, giveaway or sweepstakes without Braindirector’s prior written consent;
posting anyone’s identification documents or sensitive financial information, or otherwise revealing any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
engaging in unauthorized framing of or linking to the Website;
using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
tricking, defrauding or misleading Braindirector and other users, especially in any attempt to learn sensitive account information such as passwords;
making improper use of Braindirector’s support services or submitting false reports of abuse or misconduct;
engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
attempting to impersonate another user or person or using the username of another user;
selling or otherwise transferring your profile;
using any information obtained from the Website in order to harass, abuse, or harm another person;
using the Braindirector as part of any effort to compete with Braindirector or to provide services as a service bureau;
deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
harassing, annoying, intimidating or threatening any Braindirector employees or agents engaged in providing any portion of the Braindirector Services to you;
deleting the copyright or other proprietary rights notice from any Contribution or Braindirector Content;
uploading or transmitting (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service;
except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software;
engaging in cheating or any other activity deemed by Braindirector to be in conflict with the spirit or intent of the Website.
disparaging, tarnishing, or otherwise harming, in Braindirector’s opinion, Braindirector and/or the Website; and
using the Website in a manner inconsistent with any and all applicable laws and regulations. INTELLECTUAL PROPERTY RIGHTS The content on the Website (“Braindirector Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Braindirector, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Braindirector Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Braindirector graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Braindirector in the U.S. and/or other countries. Braindirector’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Braindirector. Braindirector Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Braindirector is prohibited. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Braindirector Content and to download or print a copy of any portion of the Braindirector Content to which you have properly gained access solely for your personal, non-commercial use. Braindirector reserves all rights not expressly granted to you in and to the Website and Braindirector Content and Marks. If you download or print a copy of the Braindirector Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Braindirector Content or enforce limitations on use of the Website or the Braindirector Content therein. The use and access rights granted herein do not include any right to use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that is competitive with the Website. SITE MANAGEMENT
Braindirector reserves the right but does not have the obligation to:
monitor the Website for violations of this Agreement; take appropriate legal action against anyone who, in Braindirector’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities; in Braindirector’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate this Agreement or any Braindirector policy; in Braindirector’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Braindirector’s systems; terminate the accounts of repeat infringers; and otherwise manage the Website in a manner designed to protect the rights and property of Braindirector and others and to facilitate the proper functioning of the Website.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, or by contacting us using the information below
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, BRAINDIRECTOR RESERVES THE RIGHT TO, IN BRAINDIRECTOR’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE BRAINDIRECTOR SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND BRAINDIRECTOR MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE BRAINDIRECTOR SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN BRAINDIRECTOR’S SOLE DISCRETION.
In order to protect the integrity of the Website and braindirector Services, Braindirector reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and Braindirector Services.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF BRAINDIRECTOR’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A BRAINDIRECTOR CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
Braindirector may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Braindirector Services after any such modification becomes effective. Braindirector may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting. Additionally, modifications made to this Agreement applicable to dispute resolution shall not apply to disputes arising prior to the effective date of the modification.
Braindirector reserves the right at any time to modify or discontinue, temporarily or permanently, the Braindirector Services (or any part thereof) with or without notice. You agree that Braindirector shall not be liable to you or to any third party for any modification, suspension or discontinuance of the braindirector Services.
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Braindirector is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Braindirector, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Braindirector Services.
Law and Jurisdiction. All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the Braindirector Services shall be governed and construed by the law of the State of Pakistan. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Pakistan, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Pakistan. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the Braindirector Service (including your visit to or use of the Website and/or the Braindirector Service) be instituted more than two (2) years after the cause of action arose.
Negotiation. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Braindirector agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to Braindirector at the address listed below.
Binding Arbitration. If you and Braindirector are unable to resolve a Dispute through informal negotiations, either you or Braindirector may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Warrior Forum will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Warrior Forum may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Except where otherwise required by the AAA Consumer Rules, arbitration shall take place in Sydney, Australia.
Restrictions. You and Braindirector Forum agree that any arbitration shall be limited to the Dispute between Warrior Forum and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons
Exceptions to Informal Negotiations and Arbitration. You and Braindirector agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Warrior Forum’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
Severable. If any arbitration provision is found to be illegal or unenforceable then neither you nor Braindirector will elect to arbitrate any Dispute falling within that portion found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within New South Wales, Australia, and you and Warrior Forum agree to submit to the personal jurisdiction of that court.
CORRECTIONS Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Braindirector reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
DISCLAIMERS Braindirector cannot control the nature of all of the content available on the Website. By operating the Website, Braindirector does not represent or imply that Braindirector endorses any postings, blogs, Contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications, or that Warrior Forum believes Contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any Contributions. The Braindirector is not responsible for the conduct, whether online or offline, of any user of the Website or Braindirector Services. YOU AGREE THAT YOUR USE OF THE WEBSITE AND BRAINDIRECTOR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WARRIOR FORUM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE WARRIOR FORUM SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BRAINDIRECTOR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. BRAINDIRECTOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR OTHER THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WARRIOR FORUM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. The Braindirector reserves the right to change any and all content, software and other items used or contained in the Website and any Warrior Forum Services offered through the Website at any time without notice. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL BRAINDIRECTOR OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR WARRIOR FORUM SERVICES, EVEN IF BRAINDIRECTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WARRIOR FORUM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO BRAINDIRECTOR FOR THE BRAINDIRECTOR SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING AND $50.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
NOTICES Except as explicitly stated otherwise, any notices given to Braindirector shall be given by email to the address listed below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail or discussion forum postings.
This Agreement constitutes the entire agreement between you and Braindirector regarding the use of the Braindirector Services. The failure of Braindirector to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Braindirector may assign any or all of its rights and obligations to others at any time. Braindirector shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Braindirector’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Upon Braindirector’s request, you will furnish Braindirector any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Braindirector by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.