Thank you for visiting the Terms and Conditions (the “Terms”) page of Left Brain Performance, Ltd. Your access and use of our website www.leftbrainperformance.com and all other LeftBrain websites is subject to the following terms and applicable laws.
Certain services or other offerings made available on the LeftBrain website may have additional terms and conditions that apply, and which can be viewed either on the pages containing such services or offerings, or via a link on those pages or other directions to the additional terms and conditions.
BY USING THE LEFTBRAIN WEBSITES, YOU ARE AGREEING TO THESE TERMS WITHOUT LIMITATION OR QUALIFICATION, AS WELL AS SUCH ADDITIONAL OR AMENDED TERMS AND CONDITIONS AS LEFTBRAIN MAY FROM TIME TO TIME PUBLISH.
You must be at least 13 years old to use the LeftBrain Websites. If you are under the age of majority in your state or province of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the LeftBrain Websites with permission from your parent or legal guardian.
The LeftBrain Websites are owned and operated by LeftBrain Performance and/or its affiliates, and are protected by copyright law and other United States, Canadian and international laws and treaties. All rights reserved. Copyright in the content and the software provided are owned by or licensed to LeftBrain.
Materials from the LeftBrain Websites may not be copied, distributed or transmitted in any way without the prior written consent of LeftBrain Performance. No links to the LeftBrain Websites may be created without the express written consent of LeftBrain. Subject to the limitations and restrictions stated herein, users of the LeftBrain Websites MAY download one copy of any and all materials on the site for personal, non-commercial use, provided they do not modify or alter the materials in any way, or delete or change any copyright or trademark notice.
Unless otherwise noted, products, product names, designs, logos, text, images, graphics, audio, video, code, domain names, organization, and user look-and-feel within the LeftBrain Websites are the trademarks, service marks, trade names, copyrights, patents, or other property of LeftBrain (“LeftBrain Intellectual Property”). Unauthorized use of the materials from the LeftBrain Websites may violate copyright, trademark, and other laws. Nothing on the LeftBrain Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any LeftBrain Intellectual Property displayed on the LeftBrain Websites without the express, written permission of LeftBrain Performance. All rights not expressly granted herein are reserved.
All material on the LeftBrain Websites is provided for lawful purposes only. Images of people or places in the LeftBrain Websites are either the property of or used with permission by LeftBrain. The use or misuse of those images except as expressly authorized is prohibited. LeftBrain reserves complete title and full intellectual property rights in materials downloaded from the site.
LeftBrain, and GritABC are registered trademarks of LeftBrain Performance LTD. All other trademarks and service marks used herein are property of their respective owners.
Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to LeftBrain through this site is not confidential. LeftBrain shall be entitled to reproduce, distribute or use any such information submitted for any purpose without compensation to the person sending the submission.
The user acknowledges the originality of any submission communicated to LeftBrain and accepts responsibility for its accuracy, appropriateness and legality.
You agree not to: (i) share usernames, passwords or other access credentials that allow access to protected portions of any LeftBrain Website by any unauthorized third party; (ii) engage in or facilitate spamming; (iii) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings; (iv) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (v) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (vi) disseminate or transmit any content without the right to do so; (vii) send harassing and/or threatening messages to others; (viii) post excessive (20 or more copies of the same article in a 45-day period) or repeated off-topic articles to newsgroups; (ix) engage in ‘flooding’, i.e., ICMP flooding and mail bombing (flooding as used herein is defined as sending large amounts of email repeatedly to the same email address).
You agree not to post, disseminate or transmit any content that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another’s privacy; (ii) infringes or violates any party’s author’s right, trademark, trade secret, patent or other proprietary right, including but not limited to using third party materials protected by author’s right law without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information whether or not protected as a trade secret in violation of a duty of confidentiality; (iii) you do not have the right to disseminate or transmit under law, or contractual or fiduciary relationships; or (iv) contains personally identifiable information belonging to minors.
You agree not to: (i) use the LeftBrain Websites for any illegal purpose, in violation of any applicable laws or regulations including but not limited to, regulations promulgated by the Securities Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (ii) publish web pages that contain links that initiate downloads of infringing or other illegal material; (iii) electronically stalk or otherwise electronically harass another; (iv) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or (v) conduct Internet raffles or contests that violate applicable laws.
As a further condition of your use of and access to the LeftBrain Websites, you agree not to: (i) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the LeftBrain Websites; (ii) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (iii) hinder the ability of others to use IRC; (iv) disrupt the normal flow on the LeftBrain Websites of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (v) run any program that makes a service or resource available to others, including but not limited to port redirectors, proxy servers, chat servers or Multi-User Dungeons; (vi) interfere with, disrupt, or harm in any way the LeftBrain Websites or servers or networks connected to them; (vii) run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (viii) use the LeftBrain Websites in violation of the rules of any other website providers, websites, chat rooms or the like; (ix) use the LeftBrain Websites to access the accounts of others without permission; (x) attempt to penetrate security measures of LeftBrain or another entity, or obtain or bypass others’ passwords; or (xi) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.
Disclaimer and Limitation of Liability
BY USING THE LEFTBRAIN WEBSITES, YOU EXPRESSLY AGREE THAT USE OF THE LEFTBRAIN WEBSITES IS AT YOUR SOLE RISK. THE LEFTBRAIN WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LEFTBRAIN DOES NOT WARRANT THAT USE OF THE LEFTBRAIN WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE. LEFTBRAIN RESERVES THE RIGHT TO CANCEL ANY ORDER FOR LEFTBRAIN PRODUCTS PLACED ON THE LEFTBRAIN WEBSITE AS A RESULT OF A MISTAKE OR ERROR, AS DETERMINED BY LEFTBRAIN IN ITS SOLE DISCRETION. LEFTBRAIN DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE LEFTBRAIN WEBSITES OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE LEFTBRAIN WEBSITES. LEFTBRAIN SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT POSSIBLE UNDER LAW. NO VERBAL INFORMATION PROVIDED BY LEFTBRAIN SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES SHALL LEFTBRAIN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE LEFTBRAIN WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE LEFTBRAIN WEBSITES THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF LEFTBRAIN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER, THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF OUR OWN NEGLIGENCE. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE WEBSITE.
TO THE FULLEST EXTENT POSSIBLE UNDER LAW, LEFTBRAIN’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS YOU HAVE ACTUALLY PAID LEFTBRAIN DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
Products, Content and Specifications
All features, content, specifications, products and prices of products and services described or depicted on the LeftBrain Websites are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products. The inclusion of any products or services on the LeftBrain websites at a particular time does not imply or warrant that these products or services will be available at any time.
Arbitration Agreement & Waiver of Certain Rights
You and LeftBrain agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and LeftBrain hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and LeftBrain relating to these Terms or the LeftBrain Websites (each a “Claim”) shall be submitted for binding arbitration in accordance with the B.C. Arbitration Act. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
This arbitration agreement does not preclude you or LeftBrain from seeking action by federal, state, or local government agencies. You and LeftBrain also have the right to bring qualifying claims in small claims court. In addition, you and LeftBrain retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor LeftBrain may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or LeftBrain’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms. This Section of the Terms will survive the termination of your relationship with LeftBrain.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR LEFTBRAIN WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Enforcement of Terms and Conditions
These Terms are governed and interpreted pursuant to the laws of the Province of British Columbia, Canada, without reference to its provisions concerning conflicts of law.
Without limiting the arbitration agreement set forth above, you agree that any action of whatever nature arising from or relating to these Terms or the LeftBrain Websites will be filed only in the provincial courts located in the City of Victoria, B.C.. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
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. LeftBrain may revise these Terms at any time by updating this posting.
Under no circumstances will LeftBrain be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
The failure by us to enforce any right or provision of these Terms will not prevent LeftBrain from enforcing such right or provision in the future.
LeftBrain may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
LeftBrain reserves the right to not provide the LeftBrain websites to any person. LeftBrain also reserves the right to terminate any user’s right to access the LeftBrain websites at any time, in its discretion. If you violate any of these Terms, your permission to use the LeftBrain websites automatically terminates.
From time to time, LeftBrain may change these Terms. If LeftBrain changes these Terms, it will give you notice by posting the revised Terms on the LeftBrain Websites. Those changes will go into effect on the Revision Date shown in the revised Terms. BY CONTINUING TO USE THE LEFTBRAIN WEBSITES, YOU ARE AGREEING TO THE REVISED TERMS.
PLEASE PRINT A COPY OF THESE TERMS FOR YOU RECORDS AND PLEASE CHECK THE LEFTBRAIN WEBSITES FREQUENTLY FOR ANY CHANGES TO THESE TERMS.