Terms of Service
MyBrainTest (”MyBrainTest”, ”MyBrainTest.org”, ”us”, ”we”, ”Site”) is a resource for information on cognitive health, brain health, brain conditions, brain tests, and cognitive assessments. The Site is offered to the public free of charge for each individual users non-commercial use.
No information on MyBrainTest should be construed as medical advice. MyBrainTest is not a ”covered entity” for purposes of determining applicability of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Acceptance of Terms
By using the Site you agree to the Terms of Service described on this page. We may update this Terms of Service from time to time, and your continued use of the Site shall be deemed your acceptance of any such updated Terms of Service. This Terms of Service comprises the entire agreement between you and MyBrainTest and supersedes all prior agreements between the parties regarding the subject matter hereof. By using the Site you understand and agree that the Site is intended for an adult audience and, as such, there may be some content on the Site that is inappropriate for minors.
You agree that you will not, and will not direct any third party to, post or submit any User Content that MyBrainTest determines, in its discretion, contains or features any of the following:
Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech);
References to illegal activity, professional malpractice or health code violations;
Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., “this place is great!”);
Content which contains material or links to material that infringes upon a third partys intellectual property or proprietary rights including, without limitation, copyright, patent, trademark, trade secrets, or rights of publicity or privacy;
Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
Personal information or messages including email addresses, URLs, phone numbers and postal addresses (or both first and last name of an individual unless their name is also part of the business name) that are not already publicly available;
Messages or URLs that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter;
Language, photos, video or other media that violates the standards of good taste or the standards of the Site;
Content that is deemed to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
Language intended to impersonate other users (including last names of other individuals) or offensive or inappropriate user names or signatures; or
Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
You further agree to accept full liability and responsibility for all User Content submitted by you or on your behalf to the Site.
Unauthorized Use of Site
You may not use any device, software or routine to interfere with the proper working of the Site. You may not intercept or expropriate any system data or information, or copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without the express written permission of MyBrainTest. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including without limitation to unsolicited email (i.e. “Spam”). You shall not use any method, including without limitation the use of robots, spiders, other automatic devices or manual processes, to monitor or copy our web pages or the content contained on the Site without the prior expressed written permission of MyBrainTest.
We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We are not responsible whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
We may terminate your use of the Site without prior notice for any reason, at our sole discretion, including without limitation, if we believe that you have violated these Terms. You may discontinue your access to the Site at any time.
All information on the Site is of a general nature and is furnished for educational purposes only. No information contained on the Site, or in any e-mail or email attachments sent to you by MyBrainTest is to be taken as medical or other health advice pertaining to any individual specific health or medical condition. Although we make an effort to provide quality information to you, MyBrainTest disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any Site content. The Site content is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding your health and is not intended to provide specific medical advice. It remains your responsibility to evaluate the accuracy, completeness, and usefulness of the Site content. My Brain Test is not a ”covered entity” for purposes of determining applicability of the Health Insurance Portability and Accountability Act of 1996.
YOU ACKNOWLEDGE THAT MYBRAINTEST IS NOT ENGAGED IN THE PRACTICE OF MEDICINE, AND THAT ALL DECISIONS MADE USING THE SITE CONTENT WILL BE THE EXCLUSIVE RESPONSIBILITY OF YOU AND YOUR PHYSICIAN. MYBRAINTEST EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE SITE CONTENT.
MyBrainTest is provided “as is” and without any warranty or condition, express, implied or statutory. MyBrainTest specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. You assume full responsibility and risk for use of the Site and hyperlinked web sites. We make no warranty that the Site will meet your requirements or that the services provided on the Site will be uninterrupted, timely, secure or error free. We also make no warranties as to the results that may be obtained from the use of the Site or as to the accuracy or reliability of any information obtained through the Site or that any defects will be corrected. No advice or information, whether oral or written, obtained by you from MyBrainTest shall create any warranty not expressly made herein. This disclaimer is made to the fullest extent permitted by law. In addition, MyBrainTest disclaims any and all liability for the acts, omissions, and conduct of any third party users, Providers, MyBrainTest users, advertisers, and/or sponsors on the Site, in connection with the Site or otherwise related to your use of the Site. MyBrainTest is not responsible for the products, services, actions, or failure to act of any Provider or third party in connection with or referenced on the Site.
Limitations of Liability
In no event shall MyBrainTest, its parent company, shareholders, affiliates, suppliers or their respective authorized representatives be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (however arising in tort, contract, or otherwise) regardless of such party’s negligence or whether such party knew or should have known of the possibility of such damages, and in no event shall MyBrainTest’s total cumulative liability under this agreement exceed US$50. You understand and agree that the download and upload of any material through the Site is done at your discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result in the download or upload of any material. MyBrainTest neither assumes, nor does it authorize any person or entity to assume on its behalf, any liability in connection with the provision of the Site. The limitations of liability provided in these Terms of Service inure to the benefit of MyBrainTest, our parent company, shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law.
You agree to indemnify, defend and hold harmless MyBrainTest, its parent company, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your use of the Site, any User Content you provide, any violations by you of any applicable laws or regulations, and any breaches by you of the Terms of Service.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
The Site content, including all images, text, databases, software, code, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Site are the exclusive property of MyBrainTest, and its licensors and are protected by U.S. and international copyright laws. The Site content may be used for informational purposes only. Any other use of the Site content without the prior written consent of MyBrainTest., is expressly forbidden, including the reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication, or any commercial exploitation of the Site content.
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our Site has designated an agent to receive notices of claims of copyright infringement:
1010 University Avenue, Suite 1570
San Diego, CA 92103
If you have a good faith belief that your copyright, trademark and/or other intellectual property, accessed on or through the Site has been used in a manner that constitutes copyright infringement, you must provide all of the following information to MyBrainTest’s copyright agent: (a) your name mailing address, telephone number, and email address;(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) 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;(e) a statement by you, made in good faith and 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; and (f) an electronic or physical signature of the copyright owner or an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest.
We reserve the right to terminate access to our Site of any user who infringes the proprietary rights of any third party.
Any claim, dispute, or controversy arising out of the Terms, the services provided on the Site, or the Site Content (“Claims”) shall be resolved by final and binding arbitration before a single arbitrator (“Arbitrator”) selected from and administered by the American Arbitration Association in accordance with its applicable rules. The arbitration hearing shall be held in San Diego, California. The prevailing party shall be entitled to reimbursement from the other party of its reasonable attorney’s fees, costs, and disbursements arising out of the arbitration. Either you or MyBrainTest may seek interim or preliminary injunctive relief from a court of competent jurisdiction in San Diego, California, as necessary to protect the rights or property of you or MyBrainTest pending the completion of any arbitration proceeding.
The Terms of Service constitute the entire and exclusive and final statement of the agreement between you and MyBrainTest with respect to the subject matter hereof, and govern your use of the Site, superseding any prior agreements or negotiations between you and MyBrainTest with respect to the subject matter hereof. The Terms of Service and the relationship between you and MyBrainTest shall be governed by the laws of the State of California, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. . The headings used throughout the Terms of Service are solely for the convenience of reference and are not to be used as an aid in the interpretation of the Terms of Service.
MyBrainTest’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Terms of Service was last updated on March 2, 2012.