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    30 DAY BRAINI CHALLENGE TERMS & CONDITIONS

     30 DAY BRAINI CHALLENGE TERMS & CONDITIONS

    Welcome to the Braini 30-Day Challenge (“Challenge”)! You are taking a great step and we are excited for you to see what Braini dietary supplements (“Braini”) can do for you. We guarantee first time Braini users will see an improvement on at least one cognitive performance domain score or Brain Power Testing, Inc. (the “Company”) will refund the price paid for their 30-day supply of Braini subject to the following Terms and Conditions (“Terms”). If you do not agree to be bound by these Terms, you may not participate in the Challenge.

    1. The Challenge

    The Challenge is a set of two assessments (collectively, the “Brain Power Test”) administered prior to and after taking Braini for thirty (30) consecutive days.  The first assessment records your initial scores for each of the cognitive performance domains and is referred to as the Baseline Assessment.  The second assessment records your final scores for each of the cognitive performance domains and is provided after taking Braini for thirty (30) consecutive days.  This second assessment is referred to as the 30-Day Assessment. As part of the Challenge, the Company guarantees that Challenge Participants will see an improvement on at least one cognitive performance domain score (comparing the Baseline Assessment to the 30- Day Assessment) after taking Braini for thirty (30) consecutive days.

    1. Eligibility

    The Challenge is open to first-time users of Braini who are10 years old or older at the beginning the Challenge (“Participant”). Each Participant may only undertake the Challenge once, and only if they have never taken Braini before. Participation by a Participant who is not a first-time user of Braini will void the money-back guarantee included in the Challenge. Any attempt to participate by an otherwise ineligible Participant, including but not limited to, using multiple/different email addresses, identities, registrations, logins or any other methods, is strictly prohibited and will void the money-back guarantee included in the Challenge. The Company is the sole determinant of whether a Participant meets the above eligibility criteria, and all decisions are final. The Participant agrees to provide verification or other information necessary for the Company to make eligibility determinations. Failure to provide verification information when requested by the Company will void the money-back guarantee included in the Challenge.

    1. How to Enroll and Participate in the Challenge

    There is no charge to enroll and participate in the Challenge. However, Participants under 18 years of age must have their parent or legal guardian enroll in the Challenge on their behalf. By enrolling in the Challenge, the Participant affirms that (i) the Participant is 18 years old or older, or (ii) the Participant’s parent or guardian has enrolled in the Challenge on the Participant’s behalf if the Participant is under 18 years old. For enrollment technical support, please contact support@brainpowertest.com.

    After enrolling in the Challenge, the Participant will receive an email with a unique link and code to the Baseline Assessment. Please read this email carefully and retain it, as it will also include important directions and instructions for accessing and completing the Baseline Assessment. If this email is not received within three (3) days of enrollment, please check your spam filter before contacting the Company. Contact the Company at support@brainpowertest.com if you do not receive the email with the unique link and code.

    3.1       Baseline Assessment

    The Participant must complete the Baseline Assessment within three (3) days after enrolling in the Challenge.  Failure to complete the Baseline Assessment during this timeframe voids the money-back guarantee included in the Challenge. The Baseline Assessment is administered by the Company with results independently generated by CNS Vital Signs, an organization internationally recognized for the design and development of neurocognitive and behavioral assessment tools and technologies.  The Baseline Assessment must be taken on a desktop or laptop computer, and is not available on mobile devices, tablets, or other platforms at this time. It takes roughly 20 - 30 minutes to complete and includes several tools to assess cognitive performance. Following completion, the Participant will receive a report of their Baseline Assessment scores via email. This report will include results across six (6) cognitive performance domains: Psychomotor Speed, Reaction Time, Cognitive Flexibility, Processing Speed, Executive Function, and Motor Speed.

    3.2       Begin Taking Braini

    After completing the Baseline Assessment, the Participant agrees to begin taking Braini the next day for the next thirty (30) consecutive days per the labeled instructions.  The Participant agrees to discontinue the use of all other cognitive health related supplements when the Participant begins taking their 30-day supply of Braini (unless such other cognitive health-related supplements are consumed at the direction of his/her healthcare provider). Failure to consume Braini for thirty (30) consecutive days and/or consumption of other cognitive health-related supplements during the thirty (30) day period while taking Braini (unless directed to do so by the Participant’s health care provider), at the Company’s sole determination, voids the money-back guarantee included in the Challenge.

    3.3       30-Day Assessment

    Approximately thirty (30) days after enrolling in the Challenge, the Company will email the Participant a follow-up reminder to take their 30-Day Assessment. This email will contain a unique link and code to the 30-Day Assessment. Please read this email carefully and retain it, as it will also include important directions and instructions for accessing and completing the 30-Day Assessment. If this email is not received within thirty-three (33) days of enrollment, please check your spam filter before contacting the Company. Contact the Company at support@brainpowertest.com if you do not receive the email with the unique link and code.

    The Participant must take the 30-Day Assessment no later than five (5) days after taking Braini for thirty (30) consecutive days. If the 30-Day Assessment is taken more than thirty-five (35) days after the Baseline Assessment, the Company may, at its sole determination, void the money-back guarantee included in the Challenge.

    The 30-Day Assessment is administered through the Company, with results independently generated by CNS Vital Signs. It must be taken on a desktop or laptop computer, and is not available on mobile devices, tablets, or other platforms at this time. The 30-Day Assessment takes roughly 20 - 30 minutes to complete and includes several tools to assess cognitive performance.

    After completing the 30-Day Assessment, the Participant will receive a report of their 30-Day Assessment scores via email. This report will include results across six (6) cognitive performance domains: Psychomotor Speed, Reaction Time, Cognitive Flexibility, Processing Speed, Executive Function, and Motor Speed. Scores may vary, and some may even go down as many factors play a role in cognitive performance, including but not limited to diet changes, poor sleep, exercise, illness, prescription drug use, recreational drug use, and alcohol consumption. Results will be normalized based on Participant age and are generally presented as a point change from the Baseline Assessment result.

    1. Money-Back Guarantee

    The Company guarantees the Participant will see an improvement on at least one (1) of the (6) cognitive performance domains. If the Participant does not see an improvement on at least one (1) cognitive performance domain score, and otherwise has complied with all of these Terms, the Company will provide a refund of the purchase price for the Participant’s 30-day supply of Braini,  less shipping and handling.  

    To request a refund, please contact the Company at support@brainpowertest.com and provide (i) copies of your Brain Power Test results (both your Baseline Assessment and 30-Day Assessment) and (ii) your order number. The Company will examine the results and confirm your eligibility for a refund. Should you be deemed eligible, a refund will be provided to your original form of payment within thirty (30) days of such eligibility determination. Refund eligibility determinations are made solely by the Company, and you agree and acknowledge such determinations are final and binding.

    1. Disclaimers

    THE CHALLENGE, INCLUDING THE BRAIN POWER TEST, IS NOT THE PRACTICE OF MEDICINE, A MEDICAL SERVICE OR TO BE USED FOR THE PURPOSE OF SEEKING OR RECEIVING MEDICAL TREATMENT OR ADVICE.

    The Company encourages you to consult with your physician or other healthcare provider if you have questions about your cognitive abilities and use of dietary supplements. Note that many factors play a role in cognitive performance, including but not limited to diet changes, poor sleep, exercise, illness, prescription drug use, recreational drug use, and alcohol consumption.

    Please consult with your physician or other healthcare provider if you have health-related questions before using Braini or before relying on any information you obtain from the Company and/or the Challenge. You should discuss any medications or nutritional supplements you are using with a physician or other healthcare provider before using any new medications or supplements.

    The statements in these Terms have not been evaluated by the Food and Drug Administration. Braini and the Challenge, including the Brain Power Test, are not intended to diagnose, treat, cure, or prevent any disease.

    1. Privacy

    The Company respects your privacy and is committed to protecting it through compliance with the Company’s Privacy Policy, which can be found here: braini.com/pages/privacy-cookies.  The Privacy Policy explains how we treat information about Participants provided to the Company (either by the Participant or by third parties). Acceptance of these Terms represents your agreement with our Privacy Policy. If you do not agree with the Privacy Policy, please do not participate in the Challenge.

    1. Restrictions & Limitations

    Certain restrictions and limitations apply to the Challenge. By participating in the Challenge, Participants agree that the following actions are prohibited:

    • Impersonating or attempting to impersonate another person or use another person’s information without authorization.
    • Use or distribute the Challenge for your own scientific or clinical research purposes, except with the Company’s written permission.
    • Use or distribute the Challenge for commercial purposes.
    • Falsely state or otherwise misrepresent your affiliation with a person or entity.
    • Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Challenge, by any means except as provided for in these Terms.
    • Violate or attempt to violate the Company’s or CNS Vital Signs’ security features, including logging into a server that you are not authorized to access, violating the restrictions in any robot exclusion headers, or probing the vulnerability of systems and networks.
    • Post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, "disabling," "lock out," "metering" device or any malicious code).
    • Redistribute, decompile, reverse engineer, publish, or copy the Challenge and/or CNS Vital Sign’s information, including cracking its flash (.SWF) files.
    • Use the Challenge for the purpose of creating a product with a substantially similar look, feel or design.
    • Access or search the Challenge by any means other than our publicly supported interfaces (for example, scraping, in-line linking, framing, or using any robot, spider, web crawler, or any other method of access other than manually accessing the publicly-available portions or accessing through any API approved by the Company).
    • Interfere with other Participants’ use and enjoyment of the Challenge.
    • Post or do anything that could disable, overburden, or impair the proper working of the Challenge.
    • Solicit personal or sensitive information from other Participants including without limitation address, credit card or financial account information, or passwords.
    • Use the Challenge or any trademarks, game names, trade names, service marks, copyrights, or logos of the Company and/or CNS Vital Signs, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you.
    • Violate any third party’s rights, including intellectual property or privacy rights.
    • Threaten, stalk, harm, or harass others through participation in the Challenge.
    • Use the Challenge in a manner the Company deems fraudulent, abusive, defamatory, illegal, or inconsistent with the Challenge’s purpose and design.

    Engaging in conduct that violates these restrictions and limitations will result in the Participant’s immediate termination from the Challenge.

    1. Third Party Sites and Organizations

    The Company includes on its website links to other third-party websites (“Linked Sites”). The Linked Sites are not under the Company’s control. The Company is not responsible for the content of any Linked Sites, including without limitation any changes or updates to a Linked Sites. The Linked Sites may have their own terms and conditions and privacy policy.  It is your sole responsibility to review and abide by them.

    The Company administers the Challenge using the supplies, services, and support of third-party organizations (“Third Party or Third Parties”), including but not limited to Braini, LLC and CNS Vital Signs. Third Parties are not under the Company’s management or control. The Challenge test results are independently generated by CNS Vital Signs. The Company does not participate in, oversee, or control test result generation by CNS Vital Signs.

    1. License & Intellectual Property

    The content, information, software, designs, materials, functions, and data included in and available through the Challenge (the “Content”) are protected by intellectual property and other laws. You must comply with these and any other applicable laws when participating in the Challenge.

    The Company is providing the Challenge to you pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license. Unless indicated to the contrary and subject to your strict compliance with these Terms, you may access and participate in the Challenge only for personal, non-commercial use, and in connection with your authorized purchase of the Challenge. As a condition of your participation in the Challenge, you agree that you will not use the Challenge for any purpose that is unlawful or prohibited by these Terms. You may not use the license in a manner that could damage, disable, overburden, or impair the Challenge or interfere with any other party’s use and enjoyment of the Challenge.

    In addition to our other legal rights, the Company may limit or terminate your license to Participate in the Challenge, or certain features of the Challenge, at any time and for any reason, without prior notice to you including the Company’s belief that you violated these Terms.

    1. Limitation of Liability

    THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES USED OR INCLUDED IN OR AVAILABLE THROUGH THE CHALLENGE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION CONTAINED THEREIN. THE COMPANY AND/OR THIRD PARTIES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE CHALLENGE OR IN ADMINISTERING OR SUPPORTING THE CHALLENGE AT ANY TIME. INFORMATION RECEIVED THROUGH YOUR PARTICIPATION IN THE CHALLENGE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS WITHOUT CONSULTING AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

    THE COMPANY AND/OR THIRD PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CHALLENGE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR THIRD PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CHALLENGE, WITH THE DELAY OR INABILITY TO ACCESS THE CHALLENGE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CHALLENGE, OR OTHERWISE ARISING OUT OF PARTICIPATION IN THE CHALLENGE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY AND/OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PART OF THE CHALLENGE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE PARTICIPATION IN THE CHALLENGE.

    CIVIL DAMAGES ARE OFTEN DIFFICULT TO CALCULATE. THEREFORE, AS A CONDITION OF PARTICIPATING IN THE CHALLENGE, YOU AGREE THAT THE MAXIMUM AMOUNT OF DAMAGES AVAILABLE TO YOU (THROUGH ANY SUIT, CLAIM OR ARBITRATION, IF SUCH SUITS, CLAIMS OR ARBITRATION ARE ALLOWED AND AVAILABLE TO YOU) SHALL BE NO MORE THAN THE AMOUNT(S) PAID, IF ANY, TO ENROLL IN THE CHALLENGE (“LIQUIDATED DAMAGES”).

    1. Indemnification

    You agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Challenge, including any data or content transmitted or received by you; (ii) your violation of any these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; or (v) any other party’s access and use of the Challenge with your unique username, password, or other security code.

    1. Agreement to Arbitrate and Waiver of Class Action Claims

    PLEASE READ SECTION 12 CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

    You and the Company agree that these terms affect international and interstate commerce and that the arbitration laws of New Brunswick, Canada govern the interpretation and enforcement of these arbitration provisions.

    If a dispute arises, our goal is to provide you a neutral and cost-effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against the Company, you agree to try to resolve the dispute by contacting the Company in writing: Brain Power Testing, Inc, 323 – 126C Hampton Road, Rothesay, New Brunswick Canada E2E 2N6, or by email to support@brainpowertest.com. Before the Company files a claim against you, we agree to contact you at the email address associated with your Challenge enrollment. If the dispute is not resolved within thirty (30) days of notice, either you or the Company may bring a formal arbitration proceeding pursuant to the following procedures.

    12.1.    General

    TO THE EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT YOU AND THE COMPANY WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO THE CHALLENGE (INCLUDING TAKING BRAINI) OR YOUR PARTICIPATION THEREOF, INCLUDING THESE TERMS (collectively, "ARBITRAL CLAIMS"). The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration. ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AS ALLOWED BY LAW. BY AGREEING TO RESOLVE YOUR CLAIM THROUGH ABITRATION, YOU UNDERSTAND THAT YOU FOREVER WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

    12.2.    Arbitration Services and Rules

    The ADR Institute of Canada (“ADRIC”) will administer the arbitration using the ADRIC procedures and rules in effect on the date the arbitration is filed ("ADRIC Rules"). If these Terms are inconsistent with the ADRIC Rules, these Terms will prevail. ADRIC is independent from the Company, and you may obtain copies of the current ADRIC Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting ADRIC at https://adric.ca/.

    12.3.    Arbitration and Attorneys’ Fees

    Except as explicitly provided in these Terms, you are responsible for your own arbitration and attorneys’ fees unless applicable law requires otherwise.

    12.4.    Location of Arbitration

    You may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the ADRIC Rules. Regardless of the amount of your claim, any in-person hearing will be held in New Brunswick, Canada.

    12.5.    Exceptions to Arbitral Claims

    The Company may bring claims to enforce intellectual property rights without first engaging in arbitration or the informal dispute resolution described in Section 12.

    12.6.    Class Action Waiver

    YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH THE COMPANY THAT NEITHER YOU NOR THE COMPANY WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR THE COMPANY WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.  If a court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable, such class action lawsuit or arbitration against the Company will take place in New Brunswick, Canada.

    12.7.    No Right to Jury Trial

    YOU AND THE COMPANY HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THE REQUIREMENT TO ARBITRATE IS HELD NOT TO APPLY.

    12.8.    Survival

    Section 12 of these Terms survive the completion of or termination of your participation in the Challenge.

    1. Assignment/Entire Agreement/Severability/Admissibility

    These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be sold, transferred, or assigned by the Company without restriction or notice. Any attempted transfer or assignment in violation hereof shall be null and void.

    Unless otherwise specified herein, these Terms constitute the entire agreement between you and the Company with respect to the Challenge and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Challenge.

    If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

    A printed version of these Terms, and of any notice relating thereto, given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    1. Modification and Changes to the Terms

    To the extent allowed by applicable law, the Company reserves the right, in its sole discretion, to change these Terms at any time. It is your responsibility to check periodically for any changes we may make to these terms. Your continued participation in the Challenge following changes to these Terms constitutes your acceptance of the changed Terms.

    1. No Waiver

    The Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

    CONTACT US

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

    Brain Power Testing, Inc.

    323-126C Hampton Road,

    Rothesay, New Brunswick E2E 2N6

    support@brainpowertest.com

     

    Effective Date: October 21, 2020

     

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