site is to be used only by persons 18 years of age and older. Although
this site is not an adult website
as such, the brain stimulation and training products featured
here, as well as discussions and related information, are
not for use by minors.
2.Third party content.
allows users to post public information to the app. While
Brain.fm does not routinely monitor such postings and
exercises no control over them, Brain.fm reserves the
right to do so and to remove any posting in whole or in part,
for any reason or no reason.
Disclaimers of Warranty.
is offered on an AS IS, AS
AVAILABLE basis. YOU ASSUME TOTAL RESPONSIBILITY AND RISK
FOR YOUR USE OF THIS SITE.IT
IS ALSO SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS, USEFULNESS OR VALIDITY OF ALL OPINIONS, ADVICE,
SERVICE, PROMOTIONS, ADVERTISEMENTS, AWARDS, PRIZES OR OTHER
INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL SERVICES
AND/OR MERCHANDISE, PROVIDED BY OR THROUGH BRAIN.FM. BRAIN.FM
MAKES NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS, EXPRESS
OR IMPLIED AS TO THE ACCURACY, QUALITY,
COMPLETENESS, NON‑INFRINGEMENT, OWNERSHIP, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE OF ANY INFORMATION,
GOODS OR SERVICES ACCESSED THROUGH BRAIN.FM. BRAIN.FM
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
Limitation of Liability.
WILL NOT BE RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR
LOSSES WHICH YOU OCCCUR IN CONNECTION WITH THE USE OF THIS
SITE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH
OR RESIDING ON BRAIN.FM
SERVER, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF
THE CAUSE OF ACTION, EVEN IF BRAIN.FM HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGE OR LOSS.FURTHERMORE, SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO
THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Acceptable Use Policy.
a. You will not post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene, pornographic,
profane or otherwise unlawful.
b. You will not upload, post, publish,
transmit, reproduce, or distribute in any way, information,
software, or other material which is protected by copyright,
or other proprietary right, without obtaining permission
of the owner of such rights.
c. You will not use our service to commit
a crime, or to plan, encourage or help others to commit
d. You will not post or transmit requests
for money, petitions for signature, chain letters or letters
relating to pyramid schemes
e. You will not post or transmit any advertising,
promotional materials or any other form of solicitation.(Brain.fm
reserves the right to determine whether any post or transmission
constitutes an advertisement, promotional material or any
other form of solicitation)
f. You will not upload excessive posts,
or off-topic posts.
g. You will not send unsolicited commercial
email to any other participants
h. You will not impersonate another user
or otherwise falsify one's user name in e‑mail or
in any post or transmission to any newsgroup or mailing
list or other similar groups or lists.
posting messages, uploading files, inputting data, or engaging
in any form of communication (collectively, "Communications")
in or through Brain.fm, you are granting to Brain.fm
a perpetual, worldwide license (the "License")
to use, copy, modify, adapt or document such Communications.
The License does not, however, grant Brain.fm any ownership
rights in or to your Communications. You shall have no
recourse against Brain.fm
for any alleged or actual infringement of any proprietary
rights to which you may claim ownership. Brain.fm's ownership
rights in its services include, but are not limited to,
the look and feel of the end user interfaces associated
with this web site, and the collective works consisting
of all messages on the web site. You may not reproduce
any sequence of messages from our web site without our
Terms of Service constitutes the entire agreement between
Brain.fm and you with respect to the Service. These
Terms of Service shall be governed by and construed in
accordance with the laws of the State of Ohio,
without regard to conflicts of laws provisions. Sole
and exclusive jurisdiction for any action or proceeding
arising out of or related to these Terms of Service shall
be an appropriate state or federal court located in Columbus,
Ohio. If for any
reason a court of competent jurisdiction finds any provision
of the Agreement, or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent
permissible so as to effect the
intent of the Agreement, and the remainder of these Terms
of Service shall continue in full force and effect. You
may not assign these Terms of Service or your rights or
obligations hereunder without the prior written consent