TERMS AND CONDITIONS
USE OF CONTENT
We grant you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of the Site or its Contents; any collection and use of any Content, product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any third person; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of Contents may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any page, trademark, logo, or any other proprietary information (including images, text, page layout, or form) of the Site, Content and/or our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Site, or access to the Site for any commercial purposes.
NO MEDICAL ADVICE
No part of the Site or any other materials made available through the Site is intended to offer medical advice. The Contents of Site are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Retrain The Brain recommends that anyone seeking a fitness and/or nutrition regimen always seek the advice of their physician or other qualified health provider with any questions they may have regarding a medical condition or nutrition and fitness questions in general. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site. Reliance on any information provided within this Site is solely at your own risk.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, RETRAIN THE BRAIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MEAL TOOL MAKES NO WARRANTY THAT (i) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) AS TO ANY OBLIGATION TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION, ALTHOUGH OUR CURRENT PRACTICE IS TO UTILIZE REASONABLE EFFORTS TO MAINTAIN SUCH CONFIDENTIALITY, OR (iv) THE SERVICE, SITE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS. RETRAIN THE BRAIN MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SITE, CONTENT, SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH RETRAIN THE BRAIN’S SITE OR THAT ARE ADVERTISED ON RETRAIN THE BRAIN’S SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER LAW, RETRAIN THE BRAIN WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT [INCLUDING NEGLIGENCE], PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE, CONTENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SITE RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE (v) PERSONAL INJURY OR (vi) ANY OTHER MATTER RELATING TO THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, RETRAIN THE BRAIN’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
PRIVACY AND PUBLICITY RIGHTS
You represent and warrant to us that any and all information submitted by you (“User Content”) will not violate the privacy and/or publicity rights of any person and that no such violations will occur by anyone using your password.
Retrain The Brain has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Retrain The Brain passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor and control access to and use of your Retrain The Brain account and password; and (3) promptly inform Retrain The Brain of any need to deactivate a password. You grant Retrain The Brain and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Retrain The Brain cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Retrain The Brain Site and services.
SERVICE TERMS AND CANCELLATION
The “ACCESS SUCCESS KIT” is a One-Time Fee. Accounts stay active until members notify Retrain The Brain LLC that they would like their accounts terminated. Emails requesting termination of accounts can be sent to firstname.lastname@example.org
Cancellation and Refunds: ACCESS SUCCESS KIT Accounts can be canceled at anytime without penalty. Once accounts are purchased there are no refunds.
LINKS TO OTHER SITES
The Site is intended for use only by persons 21 years of age or older. If you are under 21, you may only purchase items or subscribe to Retrain The Brain from us or our affiliates with the involvement of a parent or guardian.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirements that such communications be in writing.
JURISDICTION AND LAW
Use of The Retrain The Brain Software and Online Services shall be construed and interpreted pursuant to the laws of the State of Georgia and the United States, and the parties hereto submit and consent to the jurisdiction of the courts of the State of Georgia including Federal Courts located therein, in any action brought for any dispute with Transition Focus Group, LLC. or in any way relating to your use of the Retrain The Brain Software or Online Services. Notwithstanding the preceding sentence, nothing contained in this End User License Agreement shall preclude Transition Focus Group, LLC from bringing an action in any appropriate forum to enforce the terms and provisions of this Agreement. You hereby consent to the exclusive jurisdiction of any State or Federal court empowered to enforce this Agreement in the State of Georgia, County of Cobb, and waive any objection thereto on the basis of personal jurisdiction, venue or choice of law. Transition Focus Group, LLC makes no representation or warranty that the content and materials on the Sites and/or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Transition Focus Group, LLC reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites and/or the Services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service or products that we provide.