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Important to read the following terms and conditions before using this site.
Confidential Information – By accessing and using the services provided by Brainy Advisors, LLC (referred to as “Brainy”, “we” or “us”), you agree to maintain the confidentiality of any information or material obtained through our website. Confidential Information includes data from password-protected areas, marked as “Confidential” or known to be confidential. You commit to using the same degree of care to safeguard this information as you would for your own confidential data.
No Unlawful or Prohibited Use – Users under the age of 13 are prohibited from using our website. You agree not to use the website for any unlawful or prohibited purposes. Any violation of these terms automatically terminates your permission to use the website.
Disclaimer of Warranties – BRAINY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT (INCLUDING TEXT AND IMAGES), MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BRAINY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, BRAINY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE BRAINY WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
BRAINY FURTHER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM BRAINY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRAINY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Limitation of Liability – In no event shall Brainy or any involved parties be liable for any direct, indirect, special, incidental, punitive, or consequential damages arising from the use or performance of the website.
Links to Third-Party Sites – The website may contain hyperlinks to third-party websites. We are not responsible for the content on these sites, and accessing them is at your own risk. Your use of third-party sites is subject to their terms and privacy policies.
Transactions with Third Parties – Your interactions with advertisers or third parties on the website are solely between you and them. We are not responsible for any claims, losses, or damages resulting from such dealings, and you agree to indemnify us from any claims incurred.
Links to Our Website – You may create a hyperlink to our home page, provided it complies with our guidelines. We reserve the right to revoke this license at any time. You may not use our logos or trademarks without our express written permission.
Indemnification – You agree to indemnify us from any claims related to user content you submit or your violation of others’ rights on the website.
Changes to Website – We may make improvements or changes to the website at any time without notice.
Notice and Procedure for Making Claims of Copyright Infringement – If you believe your copyright is infringed, follow the provided procedure. We will take appropriate action under the Digital Millennium Copyright Act.
Governing Law – This agreement is governed by the laws of the State of Texas, and any legal action will be brought in a federal or state court of competent jurisdiction in Texas.
Entire Agreement – This agreement is the entire agreement between the parties and supersedes all previous communications.
Amendments – We may replace or amend this agreement by posting new terms on the website.
Waiver – No waiver is valid unless in writing. Failure to enforce any provision doesn’t waive the right to enforce it later.
Severability – If any provision is illegal or unenforceable, it will be reformed to be valid while preserving its intent.
Headings – Headings are for convenience and have no legal effect.
Limitation – Any claim must be filed within one year after it arises.
Rights and Duties – We may assign our rights and duties without notice.
We reserve the right to refuse service.
By using our website, you agree to these terms and conditions. If you do not agree, do not use the website.
