Terms and Conditions
"Use" means engaging in any of the following activities: accessing, viewing, engaging with, browsing, crawling or scraping the Service or its Content.
“User” means any person or entity who engages in any Use.
"Content" means any materials, content or form of input or communication on the Service, such as text, audio and brain-training exercises, and visuals such as images, videos, and photos.
Eligibility. You affirm that you are either over 18 years of age or possess the consent of your legal parent or guardian to enter into this Agreement, and that you are fully able and competent to enter into this Agreement and to comply with its Terms. In any case, you affirm that you are over the age of 18, as the Service is not intended for individuals under 18. If you are under 18 years of age, then please do not Use the Service. Users who are accessing the Service on behalf of a company, entity, or organization must be authorized representatives of such company, entity, or organization who meet the foregoing eligibility requirements. Authorized representatives agree to bind such company, entity, or organization to this Agreement and represent and warrant that they have the authority to do so.
Changes to the Agreement. This Agreement may be modified from time to time. Notification of these modifications will be made through the posting of an updated version on this webpage. Be sure to revisit this Agreement often in order to stay knowledgeable of any modifications, as they will automatically be binding on you as a User. Any modifications to this Agreement will take effect immediately upon posting. Your continued Use of the Service after modifications have been posted serves as an indication of your acceptance of the modifications and your agreement to comply with them.
Account Creation and Safekeeping. When you create an account with our Service (“Account”), we require you to provide information about yourself, which may include but not necessarily be limited to your email address and a password ("Account Information"). You agree to provide accurate, current, and complete information during the registration process, and to update your information to keep it accurate and complete if it changes. We may allow you to register for an Account using third-party account and log-in credentials, such as Facebook and Google. You are solely responsible for safeguarding your Account Information and/or any log-in credentials for any third-party account. You are solely responsible for all activity that occurs on your Account, and you will notify us immediately of any unauthorized use. We will have no liability for any loss, damages, liability, expenses or fees that you may incur as a result of someone else using your Account or login credentials, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use.
Service Availability and Restrictions on Access. We reserve the right to make updates, revisions, and modifications to the Service at any time, for any reason, at our discretion. The Service may be discontinued at any time without notice, accountability, or liability. If it is discontinued other than at the end of a billing cycle, you will receive a pro-rated refund for the days remaining in such then-current billing cycle. We reserve the right to use any means reasonably necessary to prevent unauthorized access to the Service. We are not responsible to monitor any Users. However, if we have reason to suspect that the Agreement has been violated, we reserve the right to investigate the incident and the Users involved, block Users from the Service, and/or refer matters to law enforcement authorities.
Ownership. The Service and its Content are our property and/or the property of our affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. We reserve all rights not expressly granted in and to the Service and the Content. You must abide by all applicable laws and regulations in relation to your Use of the Service. If this Agreement is not enforceable where you are located, you may not use the Service. If you provide us with any feedback, comments or suggestions regarding the Service (“Feedback”), you represent and warrant that: (a) you have the right to provide us with such Feedback, (b) such Feedback does not violate the rights of any other person or entity, and (c) the Feedback does not contain the confidential or proprietary information of any third party. By sending us any Feedback, you further grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback without any compensation or other obligation to you.
Use of the Service and Restrictions on Use. You are granted permission to access and Use the Service for your own personal, non-commercial use only, and solely for your brain-training purposes. This is the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of the restrictions contained in this Agreement. This license may also be terminated by us at any time in accordance with Sections 5 and 9 of this Agreement. Upon the termination of this license or the Agreement, you must destroy any downloaded Content in your possession whether in electronic or printed format. You agree to comply with the terms and conditions of this Agreement, and all applicable local, national, and international laws and regulations. You agree that you will NOT participate or engage in, nor encourage or aid others to participate or engage in, directly or indirectly, any of the following activities:
• Modify, reproduce or copy the Service or Content; attempt to decompile, disassemble, distribute, translate, adapt or reverse engineer any software, Content or elements contained in the Service or create any derivative works therefrom; remove any copyright or other proprietary notations from the Service; transfer the Content to another person or “mirror” the Content on any other server.
• Use the Service as a means to harass, or advocate the harassment of, another person or entity, or threaten, stalk, defraud, or interfere with another User's use of the Service.
• Impersonate any person or organization, or provide false information at registration.
• Use the Service for commercial or promotional purposes, unless expressly allowed in advance and in writing by us.
• Use the Service to crack passwords or security encryption codes, disrupt, work around or interfere with security measures, or otherwise use the Service for any purpose that interferes with security or causes harm to the Service or Content.
• Use the Service or Content as a means of transmitting destructive items such as viruses, worms, Trojan horses, or any devices, software or routine designed to interfere with the proper working order of the Service, or perform data mining of the Service.
• Attempt to access, index, or retrieve Content or the purpose of populating another database through the use of any automated device, robot, spider, or site search/retrieval application.
• Attempt to gain unlicensed admission to the Service or any of its computer systems or networks connected thereto by means of hacking, password mining, or any other illegal or unethical means.
• Reformat or frame any part of The Service.
• Impose a load that is unreasonable or too large on the Service's infrastructure, or make unnecessary traffic demands.
Trials and Cancellations. If you have signed up to the Service on a trial basis (“Trial”), you will be charged for the Trial period shown in the sign-up screen (the “Trial Period”) in accordance with the amount shown in the sign-up process. You may cancel your subscription at any time during the Trial Period by contacting our support team by phone at 855-400-0577 or via email to firstname.lastname@example.org. If you do not cancel during the Trial Period, you agree that your subscription will automatically renew and that you will be billed the recurring subscription fee shown during the sign-up process on a recurring monthly basis (“Subscription”) until you cancel your Subscription by contacting our support team by phone at 855-400-0577 or via email to email@example.com. You expressly authorize us to automatically charge the applicable recurring fee and any applicable taxes to your payment method unless and until you cancel. By providing payment information to us, you agree that the payment information is valid and is either in your name or is in the name of an individual who has authorized you to use their payment information for your Trial Period and your Subscription, and that you agree to pay the fees and charges indicated. If you cancel prior to the end of a billing cycle for which you have already paid, you will have access to the Service until the end of that billing cycle. Purchases made through the Service will appear on your bank statement as mindpays.net.
Refund Policy. If you request a refund within 30 days of your initial purchase, you will be given a full refund. Once your refund request is received, we will send you an email to notify you and will do our best to resolve any issues within 24 hours. Refund requests may be made via the phone number or email address in the above paragraph. If you provide someone else’s payment information, you agree that we may refund payment to that person, and that this may interrupt or cancel your access to the Service.
Credit Card Billing. Credit card payments are processed by our third-party payment processor. If any fee is not paid in a timely manner, or if we are unable to process your transaction using the credit card information provided, we reserve the right to terminate your Account or suspend or terminate your access to the Service. You will be responsible for paying all past due amounts. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to the services. If you would prefer to opt out from this service, please contact our Customer Service team. If you would like to use a different payment method or if there is a change in payment method, please visit your Account page to update your billing information.
We reserve the right to suspend or revoke (temporarily or permanently) your Use of the Service at any time and for any reason, without notice or liability. We may terminate this Agreement at any time. We will provide you with a pro-rated refund for any unused days remaining in the then-current billing cycle, unless we have terminated your access to the Service or your Account as a result of your violation of any of the terms of this Agreement. If we suspect that you have violated any provision of this Agreement, we may also seek any other available legal remedy. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement. You remain solely liable for all obligations related to your Use, even after you have stopped using the Service. You may discontinue your Use of the Service at any time. Sections 1, 4, 6, 7, 8 (to the extent of any outstanding payment obligations) and 10 through 15 will survive termination or expiration of this Agreement.
Warranties, Disclaimers, and Limitations of Liability
A. NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, ARE MADE BY US AS TO (1) THE SERVICE OR ITS OPERATION OR FUNCTIONALITY, (2) THE SAFETY, USEFULNESS, LEGALITY, QUALITY, COMPLETENESS, INTEGRITY. SUITABILITY, RELIABILITY, LIKELY RESULTS AND/OR ACCURACY OF ANY CONTENT, INFORMATION OR MATERIAL ON THE SERVICE, OR (3) ANY PRODUCTS OR SERVICES PROMOTED, DISTRIBUTED OR SOLD ON OR THROUGH THE SERVICE. THE SERVICE, AND ALL CONTENT THEREIN, ARE MADE AVAILABLE ON AN "AS IS" BASIS.
B. WE DISCLAIM ALL REPRESENATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE CONTENT, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
C. IN NO EVENT SHALL WE OR OUR AFFILIATES, PARENTS, SUBSIDIARIES, MANAGERS, MEMBERS, EMPLOYEES, DIRECTORS, OFFICERS, LICENSORS, SUPPLIERS, REPRESENTATIVES OR AGENTS (COLLECTIVELY, “AFFILIATED PARTIES”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE, CONTENT, THIS AGREEMENT, OR THE PRODUCTS AND SERVICES AVAILABLE ON THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS APPLY TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
D. OUR MAXIMUM TOTAL LIABILITY (AND THAT OF OUR AFFILIATED PARTIES) FOR ANY CLAIM RELATED TO THIS AGREEMENT, THE SERVICE AND THE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNTS PAID BY YOU TO US FOR USE OF THE SERVICE DURING THE ONE (1) PERIOD IMMEDIATELY PRIOR TO THE DATE ON WHICH THE CLAIM AROSE.
E. THE ABOVE ALLOCATION OF RISK IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
F. THE SERVICE IS CONTROLLED AND OFFERED BY US FROM OUR FACILITIES IN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS.
Indemnity. You will indemnify, defend and hold us and our employees, officers, directors, subsidiaries, affiliates, licensors, suppliers and agents, and the officers, employees, agents and representatives of each of them, harmless from and against any and all costs, liabilities, obligations, damages, losses, debts and expenses (including reasonable legal fees and costs) arising from or related to: (i) your Use of the Service, and/or (ii) your violation of any of the terms and conditions in this Agreement. You may not settle any claim without our prior written consent.
Waiver of Class Action Claims. You and us agree to bring any dispute on an individual basis only, and not as a class or collective action. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class or collective action.
Agreement to Receive Electronic Communications. By creating an Account, you consent to receive notifications from us electronically to the email address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your email address information current.
Miscellaneous. This Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within New York County, New York for all matters arising under or related to this Agreement or the Service. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by us as described above. This Agreement does not provide you with the authority to bind us in any way whatsoever. No waiver shall be constituted due to a failure on our part to exercise or enforce any of the rights or provisions outlined within this Agreement. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. You shall not assign this Agreement. Any assignment made in violation of this Agreement will be void. We reserve the right to transfer or assign this Agreement without restriction. You agree that regardless of any statute or law to the contrary, any claim or cause of action against us arising out of or in any way related to this Agreement or the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. All notices to us in connection with this Agreement must be given in writing and will be deemed received two (2) business days after the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows or to such other address as we may designate pursuant to this notice provision. Notices to us shall be sent via email to firstname.lastname@example.org.
or to the following mailing address:
Form Source LLC
1901 Avenue of The Stars, Los Angeles, CA 90067