The following terms and conditions (“Terms and Conditions”) govern your use of this Web Site (the “Site”), and by accessing, viewing, or using the material on the Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. If you do not agree with the Terms and Conditions, you are not granted permission to use the Site and should exit immediately.
1. Proprietary Rights
All material contained in this Site is protected by law, including but not limited to, United States copyright law. Except as indicated, BrainCare Performance Center Carlsbad is the owner of the copyright in the entire content (including images, text and look and feel attributes) of www.BrainCareCarlsbad.com and reserves all rights in that regard. Removing or altering the copyright notice on any material on the Site is prohibited. BrainCare Performance Center Carlsbad also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of Site content. Any commercial use of Site content is prohibited without the prior written consent of BrainCare Performance Center Carlsbad. Except as indicated, BrainCare Performance Center Carlsbad owns all trademarks, service marks or other logos featured on the Site. Use or misuse of these trademarks, service mark or logos is expressly prohibited and may violate federal and state law. Please be advised that BrainCare Performance Center Carlsbad actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
2. Communications with our Website
BrainCare Performance Center Carlsbad welcomes your feedback and suggestions about how to improve our products and services and this Site. By transmitting any suggestions, information, material, or other content (collectively, “Content”) to BrainCare Performance Center Carlsbad, you automatically grant BrainCare Performance Center Carlsbad the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, BrainCare Performance Center Carlsbad is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site for any purpose whatever, including but not limited to creating and marketing products and/or services using such information. BrainCare Performance Center Carlsbad is not responsible and shall not be liable for the contents of Content posted to the Site by visitors or persons other than BrainCare Performance Center Carlsbad employees. Opinions or comments contained in Content reflect the views of the author and not of BrainCare Performance Center Carlsbad unless we expressly state to the contrary.
3. No Solicitation or Offer
This Site is designed to provide general information about BrainCare Performance Center Carlsbad and its products and services. Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service.
4. No Medical Services or Advice
Nothing contained, expressed or implied in the Site is intended as nor shall be construed as medical advice. No doctor-patient relationship is established between BrainCare Performance Center Carlsbad and you by reason of your use of this Site or under any circumstances whatsoever. Individual inquiries about medical issues, or sensitive or confidential matters should be addressed to appropriate health care professionals.
5. No Legal Advice
Nothing contained, expressed, or implied in this Site is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is established between BrainCare Performance Center Carlsbad and you by reason of your use of this Site or under any circumstances whatever. The information in this Site if for general informational purposes only. If you have questions about any law, statute, regulation, or requirement expressly or implicitly referenced in this Site, you should contact your own legal counsel.
6. Confidentiality Cannot be Guaranteed
Please be advised that the confidentiality of any communication or material transmitted to BrainCare Performance Center Carlsbad via www.BrainCareCarlsbad.com or Internet electronic mail cannot be guaranteed, including personal information such as your address or social security number. To ensure private and personalized attention, you may also contact BrainCare Performance Center Carlsbad by telephone as listed on our website.
7. Privacy Statement
BrainCare Performance Center Carlsbad has a Privacy Statement disclosing what information we collect about visitors, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have information about you collected or used.
9. Disclaimer of
Warranty and Liability
USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER BRAINCARE PERFORMANCE CENTER CARLSBAD NOR ITS AFFILIATES ARE RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BTC NEWPORT BEACH SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY TO YOU EXCEED THE PRICE PAID FOR USE OF THE SITE.
10. Corrections and
The site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that the Site may be interrupted, suspended and terminated from time to time. While we endeavor to keep the materials on the Site up to date, BrainCare Performance Center Carlsbad cannot assume responsibility for any errors or omissions in these materials. BrainCare Performance Center Carlsbad further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. BrainCare Performance Center Carlsbad may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein.
You agree to defend, indemnify, and hold harmless BrainCare Performance Center Carlsbad and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the Site and any breach by you of these Terms and Conditions.
12. Links to Other Web Sites
This Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information and services that may be of interest. Visitors to the Site acknowledge that these third-party sites are maintained by persons or organizations over which BrainCare Performance Center Carlsbad exercises no control, and expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. BrainCare Performance Center Carlsbad does not control, endorse, promote, or have any affiliation with any other Web site unless expressly stated in the Site.
13. Use of Third
BrainCare Performance Center Carlsbad does not control or manage the privacy practices of third parties, and you are subject to the privacy practices of those third parties when you use their services.
14. User Generated Content
You acknowledge and agree that BrainCare Performance Center Carlsbad has the right (but not the obligation) to do any or all of the following at any time: (a) monitor User Generated Content; (b) remove or refuse to post any User Generated Content; and/or (c) disclose User Generated Content to any third party, and the circumstances surrounding submission.
As a visitor to our Service, please be advised that BrainCare Performance Center Carlsbad does not endorse or take responsibility for the opinions, advice, information or statements made by third-party visitors to our Service, whether through User Generated Content or otherwise.
15. Digital Millennium Copyright Act (“DMCA”) Notice
BrainCare Performance Center Carlsbad is committed to complying with copyright and related laws, and requires all users of the Site to comply with these laws. You may not store, post, modify, distribute, reproduce in any way, use or disseminate any material or content though the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law.
Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. BrainCare Performance Center Carlsbad does not, and will not, make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. BrainCare Performance Center Carlsbad may contact the notice provider to request additional information. BrainCare Performance Center Carlsbad reserves the right to disregard a notice that is not in compliance with the DMCA. Under the DMCA, BrainCare Performance Center Carlsbad is required to take reasonable steps to notify the user who posted the allegedly infringing content. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to the address below.
If you are uncertain whether particular material infringes a copyright held by you or a third party, you should contact an attorney. Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees.
To be effective, your Notification of Claimed Infringement must be in writing, sent to our designated agent listed below and contain the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located to permit us to locate the material;
Your contact information, including your name, address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
BrainCare Performance Center Carlsbad’s designated agent for notice of claims of copyright infringement can be reached as follows:
By E-Mail: [email protected] with the subject line “DMCA”
By Mail: 3257 Camino De Los Coches, suite 305, Carlsbad, California 92009
16. Use of the Internet
Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. Neither BrainCare Performance Center Carlsbad nor its affiliates will be liable for any loss resulting from a cause over which they do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
17. Governing Law and Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without reference to its choice of law rules. By accessing, viewing, or using the material on the Site, you consent to the jurisdiction of the federal and state courts presiding in Texas, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by Cook Profitability Services from its offices within the United States. BrainCare Performance Center Carlsbad makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
These Terms and Conditions constitute the entire agreement between you and BrainCare Performance Center Carlsbad with respect to your use of the Site. If any part of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect. You acknowledge that, in providing you access to and use of the Site, BrainCare Performance Center Carlsbad has relied on your agreement to be legally bound by these Terms and Conditions.