Terms and Conditions
1. Agreement. This Agreement (”the ”Agreement”) specifies the terms and conditions for access to and use of braintherapytms.com (the ”Site”). This Agreement may be modified at any time by Brain Therapy TMS upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at braintherapytms.com/terms-of-use/. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3. Ownership. All content included on this Site, including but not limited to information, documents, logos, graphics, sounds, and images (the “Materials”) are owned either by Brain Therapy TMS or by third party authors, developers, or vendors (“Third Party Providers”) under license. Materials also include blogs, message boards, chats, software and any other writings appearing on the Site. All Materials included on this Site are and shall continue to be the property of Brain Therapy TMS, or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site or the products purchased through this Site.
4. Intended Audience. This Site is intended for adults only. This website is not intended for any children under the age of 18. THIS SITE DOES NOT PROVIDE MEDICAL ADVICE OR PSYCHOLOGICAL ADVICE. If you think you may have a medical or mental health emergency, call your physician or 911 immediately.
Further, this Site is not intended to be, and is not, a substitute for, diagnosis, treatment, psychological advice or medical advice. You should not rely on any information provided herein, and should always seek the advice of your physician or other qualified health care provider for any questions you may have regarding your personal health or medical conditions, and before taking any prescription or over-the-counter medications or following any treatment or health regimen. Any reliance on the information appearing on this Site is solely at your own risk. Never delay, avoid seeking or disregard any professional medical advice or treatment from your doctor due to anything you have read on this Site.
5. Trademarks. All Brain Therapy TMS trademarks or Service marks are the exclusive property of Brain Therapy TMS. Other product and company names mentioned on this Site may be trademarks of their respective owners.
6. Site Use. Brain Therapy TMS grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. Any use not authorized hereunder, must be separately authorized in writing. You agree not to copy materials on the site, reverse engineer or break into the Site, or use Materials, products or services in violation of any law. The use of this Site is at the discretion of Brain Therapy TMS and may terminate your use of this Site at any time.
7. Conduct. Brain Therapy TMS encourages open exchange of ideas among registered members through the use of our forums, blogs, comments on articles, or contact with other registered users. In order to further this open exchange, you agree to use the Site only for lawful purposes. You further agree not to use or allow others to use your membership to engage in any of the following:
Posting or transmitting any content or Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Posting or transmitting any content or Material that you do not have a right to transmit under the law or under contractual relationships;
Violating any applicable law or regulation;
Impersonating any person, or misrepresenting your relationship or affiliation to a person or entity, or manipulating identifiers or other information for the purpose of disguising the origin of any transmission;
Using any means, including but not limited to robots, scripts, agents, spiders to access, monitor or harvest any information from any part of the Site;
Any action that damages or disrupts the Site or function of the Site or services provided through the Site;
Harassing or advocating the harassment of another person;
Transmission of “junk mail”, “chain letters” or unsolicited mass mailing or “spamming”;
Promoting information known by you to be false, misleading or that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Promoting an illegal or unauthorized copy of another person’s copyrighted work;
Transmitting content that contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
Displaying pornographic material or sexually explicit material of any kind;
Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users;
Commercial activities, advertising, and/or sales without prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; and
Accessing the Site through any means other than the interfaces provided for use in the Site.
You agree not to provide your password or other login information to any other person and to notify Brain Therapy TMS by emailing firstname.lastname@example.org of any known or suspected unauthorized use of your login information.
8. Links to Third Party Sites. This Site may contain links to websites controlled by parties other than Brain Therapy TMS (the “Third Party Sites”). Brain Therapy TMS is not responsible for and does not endorse or accept any responsibility for the availability, the contents or use of the Third Party Sites or any website accessed from a Third Party Site, or any changes or updates to such websites. Brain Therapy TMS is not responsible for webcasting or any other form of transmission received from any Third Party Site. Brain Therapy TMS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Brain Therapy TMS of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that Brain Therapy TMS is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the website administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.
10. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
11. Indemnification. You agree to indemnify, defend and hold Brain Therapy TMS and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN ”AS IS,” ”AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. BRAIN THERAPY TMS DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
The contents of braintherapytms.com (the “Site”), including, but not limited to, text, graphics, images, audio and other information, is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete and up-to-date. Information is provided “as is” and without warrantee of any kind. Any links to other websites contained on this Site are provided solely for the convenience of our visitors. Brain Therapy TMS has no control over and no responsibility for the content contained on any such linked website, and does not sponsor, approve of, or endorse any such website or the content displayed on such website. Do not send confidential or sensitive information through this Site or any links contained on the Site.
13. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL BRAIN THERAPY TMS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
15. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Derik Brian, who can be reached as follows:
By Mail: 1539 Garnet Ave. San Diego, CA 92109
By Phone: 619-419-0901
By e-mail: email@example.com
16. Applicable Law. You agree that the laws of the State of California, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Brain Therapy TMS or its affiliates. Any legal action or proceeding relating to your access to or use of the Site shall be instituted in a state or federal court in California, and in the County of San Diego. You and Brain Therapy TMS agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
17. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
18. Termination. Brain Therapy TMS may terminate this Agreement at any time, with or without notice, for any reason.
19. Contact Information.
Brain Therapy TMS
1539 Garnet Ave. San Diego, CA 92109
By Phone: 619-419-0901
By Email: firstname.lastname@example.org
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP or CANCEL to any mobile text message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You understand and agree that attempting to opt-out texting other words or verbally requesting one of our team members to remove your from our list is not accounted as a reasonable means of opting out.
You acknowledge that the message frequency is various and that consent is not a condition to purchase. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
For any questions text “HELP” to the number you received the messages from. You can also contact us for more information about the Program.
Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.