PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Acknowledgment
By using this site, you signify your consent to and agreement with these Terms and Conditions in full. If you do not agree to all of these Terms and Conditions, use of the site is not permitted.
These are the Terms and Conditions governing the use of strategicbrainhealth.com (the “Site”) and the agreement that operates between You and Rise Above, LLC (“the Company”). These Terms and Conditions set out the rights and obligations of all users regarding the use of the Site. Your access to and use of the Site is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Site. By accessing or using the Site You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Site. The Company may revise and update these Terms and Conditions at any time. Your continued usage of the Site constitutes your acceptance of any and all changes and the most current Terms and Conditions in effect as of each time you visit the Site.
Your access to and use of the Site is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. The Privacy Policy describes the Company’s policies and procedures regarding the collection, use and disclosure of Your personal information when You use the Site. Please read our Privacy Policy carefully before using the Site.
The Content posted on this Site is protected by the copyright laws in the United States and in foreign countries. The Company reserves all rights to all content on the Site.
The Site Does Not Provide Medical Advice
The contents of the Site, including all text, graphics, images, and other material (“Content”) are for informational, educational and/or entertainment purposes only and is not intended to be a substitute for professional medical/health advice, diagnosis, or treatment. Always seek the advice of your physician regarding any medical condition or concerns you may have as well as any treatments, medications, nutritional, fitness or supplementation programs you are considering. Never disregard medical advice or delay in seeking it because of any Content on this Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any Content on the Site is solely at your own risk and the Company is not liable for any risks or issues associated with using or acting upon any of the Content contained herein. We do not recommend or endorse any specific products, medications, procedures, devices, doctors, techniques, tests, opinions, content found at any third-party sources or external links or information on this website.
“AS IS” and “AS AVAILABLE” Disclaimer
The Site is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without any warranty or warranties of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and Site providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Site, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Site will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or Sites, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Site, or the information, content, and materials or products, Sites or professional Sites included or linked to thereon; (ii) that the Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided throughout the Site; or (iv) that the Site, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
The exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Liability of the Company
The use of the Site and any and all of the Content is at your own risk.
When using the Site, information will be transmitted over a medium that may be beyond the control of the Company. Accordingly, the Company assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
The Site and the Content are provided on an “as is” basis. The Company, its licensors, affiliates and suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ right, and fitness for a specific or particular purpose. Without limiting the foregoing, the Company, its licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, timeliness or currentness of the Content, software, links, or communications provided on or through the use of the Site;
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.
In no event shall the Company, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company, its licensors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. The Company, its licensors, its suppliers, or any third parties mentioned on the Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100. The Company, its licensors, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event allegedly giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
Advertisements, Searches, and Links to Other Sites
The Site may contain links to third-party websites or Sites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or Sites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or Sites available on or through any such web sites or Sites.
The Company does not recommend and does not endorse the content, products, Sites, medical Sites or professional Sites on any third-party websites. The Company is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. The Company does not endorse any product, website, Sites, medical Sites or professional Sites or treatment advertised on the Site. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or Sites that You visit.
Indemnity
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site and any and all Content, (b) your reliance on any Content, or (c) your violation of these Terms and Conditions.
General
The Company is based in the State of Nevada. The Company makes no claims that the Site or the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site or the Content from inside and outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Indemnity, Resolution of Any Concerns or Disputes, Jurisdiction, Severability, Waiver and Complete Agreement.
Resolution of Any Concerns or Disputes
If You have any concern or dispute about the Site, You agree to first try to resolve the dispute informally by contacting the Company. If your issue cannot be resolved informally, you agree that the next step is mediation, then arbitration before filing a lawsuit. Any mediation(s), arbitration(s) or lawsuits must be undertaken and filed in Clark County, Nevada.
Jurisdiction, Severability & Waiver
You expressly agree that exclusive jurisdiction for any dispute with the Company, or in any way relating to your use of the Site or the Content, resides in the courts of the State of Nevada and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Nevada in connection with any such dispute including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. You further agree that any legal action must be brought by either party in Clark County, Nevada. These Terms and Conditions are governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. No waiver of any of these Terms and Conditions or any breach thereof shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify, replace or add to these Terms at any time. By continuing to access or use Our Site after those revisions become effective, You agree to be bound by the revised terms and the most recent Terms and Conditions. If You do not agree to the new Terms and Conditions, in whole or in part, please do not use the Site or stop using the Site immediately.
Complete Agreement
These Terms and Conditions, along with the Company’s Privacy Policy and Cookie Policy constitute the entire agreement between you and the Company with respect to the use of the Site and Content.
If you decide to accept these Terms and Conditions, we welcome you to the Site and sincerely hope that you find it informative, educational and entertaining and that it adds to your overall enjoyment and quality of your life and health.
Contact Us
If you have any questions about these Terms and Conditions or the Site, please contact us at [email protected]