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Terms of Service

  1. AGREEMENT TO TERMS

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Left Brain Performance Inc. (“Left Brain Performance”) concerning your access to and use of the Left Brain Performance Assessment Program (the “Left Brain Performance Assessment Program”)

You agree that by accessing the Left Brain Performance Assessment Program, you have read, understood, and agree to be bound by all of these Terms of Service as set below. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Left Brain Performance Assessment Program and you must discontinue use immediately.

You must be at least sixteen (16) years of age before you can use the Left Brain Performance Assessment Program. By using the Left Brain Performance Assessment Program, you warrant that you are at least sixteen (16) years of age, and you legally adhere to this Agreement. Left Brain Performance assumes no responsibility for liabilities related to age misrepresentation.

  1. USER REPRESENTATIONS

By using the Left Brain Performance Assessment Program you represent and warrant that: 

  1. all registration information you submit will be true, accurate, current, and complete; 
  1. you will maintain the accuracy of such information and promptly update such information as necessary;
  1. you have the legal capacity, and you agree to comply with these Terms of Service; 
  1. you are not under the age of sixteen (16);
  1. you will not access the Left Brain Performance Assessment Program through automated or non-human means, whether through a bot, script, or otherwise; 
  1. you will not use the Left Brain Performance Assessment Program for any illegal or unauthorized purpose; and
  1. your use of the Left Brain Performance Assessment Program will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Left Brain Performance Assessment Program (or any portion thereof). 

  1. INTELLECTUAL PROPERTY RIGHTS
  1. Unless otherwise indicated, the Left Brain Performance Assessment Program is the proprietary property of Left Brain Performance Assessment Program and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Left Brain Performance Assessment Program (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Canada. 
  1. The Content and the Marks are provided on the Left Brain Performance Assessment Program “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Left Brain Performance Assessment Program and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
  1. Provided that you are eligible to use the Left Brain Performance Assessment Program, you are granted a limited license to access and use the Left Brain Performance Assessment Program and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Left Brain Performance Assessment Program, the Content and the Marks.
  2. PROHIBITED ACTIVITIES

You may not access or use the Left Brain Performance Assessment Program for any purpose other than that for which Left Brain Performance makes the Left Brain Performance Assessment Program available. The Left Brain Performance Assessment Program may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 

As a user of the Left Brain Performance Assessment Program, you agree not to:

  1. systematically retrieve data or other content from the Left Brain Performance Assessment Program to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  1. make any unauthorized use of the Left Brain Performance Assessment Program, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
  1. use the Left Brain Performance Assessment Program to advertise or offer to sell goods and services;
  1. circumvent, disable, or otherwise interfere with security-related features of the Left Brain Performance Assessment Program, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Left Brain Performance Assessment Program and/or the Content contained therein;
  1. engage in unauthorized framing of or linking to the Left Brain Performance Assessment Program;
  1. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  1. make improper use of our support services or submit false reports of abuse or misconduct;
  1. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
  1. interfere with, disrupt, or create an undue burden on the Left Brain Performance Assessment Program or the networks or services connected to the Left Brain Performance Assessment Program;
  1. attempt to impersonate another user or person or use the username of another user;
  1. sell or otherwise transfer your profile;
  1. use any information obtained from the Left Brain Performance Assessment Program in order to harass, abuse, or harm another person;
  1. use the Left Brain Performance Assessment Program as part of any effort to compete with Left Brain Performance or otherwise use the Left Brain Performance Assessment Program and/or the Content of same for any revenue-generating endeavor or commercial enterprise;
  1. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the W Left Brain Performance Assessment Program;
  1. attempt to bypass any measures of the Left Brain Performance Assessment Program designed to prevent or restrict access to the Left Brain Performance Assessment Program, or any portion of the Left Brain Performance Assessment Program;
  1. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Left Brain Performance Assessment Program to you;
  1. delete the copyright or other proprietary rights notice from any Content;
  1. copy or adapt the Left Brain Performance Assessment Program’s software, including, but not limited to, Flash, PHP, HTML, JavaScript, or other code;
  1. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Left Brain Performance Assessment Program or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Left Brain Performance Assessment Program;
  1. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
  1. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Left Brain Performance Assessment Program, or using or launching any unauthorized script or other software; and
  1. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Left Brain Performance Assessment Program.
  1. PERSONAL INFORMATION

Left Brain Performance, and the Left Brain Performance Assessment Program, shall not use, publish, transfer, sell or otherwise disclose any confidential information gained by reason of these Terms of Service for any purpose that is not directly connected with Left Brain Performance, and the Left Brain Performance Assessment Program’s performance of the services contemplated hereunder except as provided by law.

Left Brain Performance, and the Left Brain Performance Assessment Program, considers compliance with applicable Canadian privacy laws to be of the utmost importance and has adopted a privacy policy covering the collection, use, disclosure, retention, and disposal of personal information.

Left Brain Performance, and the Left Brain Performance Assessment Program, and all volunteers, consultants, contractors, directors, employees, agents, and staff acting on its behalf must not collect, use, or disclose personal information for purposes other than those for which consent has been obtained.

  1. COOKIES POLICY

Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows Left Brain Performance to recognize you and make your next visit easier and more useful to you.

When an individual uses and accesses the Left Brain Performance website, and the Left Brain Performance Assessment Program, Left Brain Performance may place a number of cookies and files in your web browser.

Left Brain Performance uses cookies for the following purposes, which include, but are not limited to:

  • to enable certain functions of the Left Brain Performance Assessment Program;
  • to provide and analyze analytical data and/or information; and
  • to enable advertisements, including behavioural advertising.
  1. TERMINATION

These Terms of Service shall remain in full force and effect while you use the Left Brain Performance Assessment Program. 

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, LEFT BRAIN PERFORMANCE RESERVES THE RIGHT TO, IN THEIR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE LEFT BRAIN PERFORMANCE ASSESSMENT PROGRAM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. LET BRAIN PERFORMANCE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE LEFT BRAIN PERFORMANCE ASSESSMENT PROGRAM OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN LEFT BRAIN PERFORMANCE’S SOLE DISCRETION.

Left Brain Performance reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

  1. TERM

Each Left Brain Performance Assessment Program purchase made by an individual shall entitle the individual to one (1) assessment only. 

If an individual wishes to undergo multiple assessments, then the individual shall be required to purchase, at full price, a new assessment for each required assessment.

  1.   INDEMNITY

You agree to indemnify, save, defend, and hold harmless Left Brain Performance and the Left Brain Performance Assessment Program, its directors, officers, employees, and agents with respect to any claim, demand, cause of action, debt, or liability, of any nature whatsoever resulting from, arising out of, or relating to acts or omissions while using the Left Brain Performance Assessment Program.

  1. REFUND POLICY

Due to the nature of the Left Brain Performance Assessment Program, once the individual begins the Left Brain Performance Assessment Program, no refunds shall be given.

If an individual chooses not to use the code provided by Left Brain Performance for use of the Left Brain Performance Assessment Program, then said individual shall pay, to Left Brain performance, a reactivation fee of $10.00 to complete the Left Brain Performance Assessment Program.

  1. GOVERNING LAW  

These Terms of Service and your use of the Left Brain Performance Assessment Program are governed by and construed in accordance with the laws of the Province of British Columbia applicable to agreements made and to be entirely performed within the Province of British Columbia.