The following Terms and Conditions expressed by BrainIQ Health – also referred to hereafter as “us,” “we,” or “our” – are important and govern the usage of the BrainIQ Health website and online store. By using our site, you confirm your acknowledgment and acceptance of our Terms and Conditions. Please note that we reserve our rights to change all or parts of these Terms and Conditions at our discretion. Any modifications are effective immediately, and your continued use also confirms acknowledgment and acceptance of the changes; we suggest reviewing this page regularly.

If for any reason, you refuse to consent to our Terms and Conditions which includes all limitations contained henceforth, you cannot use or access the BrainIQ Health website or online store.

SITE ACCESS

You agree to be at least the legal age of maturity required by your state or province of residence when accessing or using our site, or you are of legal age in your state or province of residence and grant permission to your legal minor dependents using our site. You also agree to be of legal age required by the state or province of residence when purchasing products from our site. It is your responsibility to determine if you can legally buy BrainIQ Health products.

When accessing our site and some of its resources, you may be required to enter registration details and other information. By doing so, you willingly accept that all information you provide is current, correct, and complete.

If we suspect your submitted information is incorrect, outdated, incomplete, or impersonating someone else, we reserve the right – without warning or prior notice – to:

● Remove any of your posted comments.
● Refuse your access to our site and its resources.
● Terminate or suspend your access at our discretion.

SITE LICENSURE

Along with complying with our terms and conditions, BrainIQ Health and our applicable affiliates grant you a restricted, fixed, and non-subcontract license to enter and make personal, non-commercial use of our site’s content and resources. 

With this license, you cannot:

● Make borrowed use of our content and resources.
● Download, copy, or utilize account information to benefit third parties.
● Use any robots, data mining, or similar data gathering extraction tools.
● Resell or make commercial use of our site, its resources, content, or our products.

All rights not expressly allowed to you within our Terms and Conditions are reserved and retained by us, our suppliers, content providers, publishers, licensors, or rights-holders. You are not allowed to reproduce, duplicate, copy, sell, resell, or otherwise exploit any content or resources posted on BrainIQ Health or products sold through our online store, without prior written authorization from us. Your use of our site is subject to applicable laws and our Terms and Conditions. We reserve the right to terminate these licenses if you fail to comply.

SITE RESTRICTIONS

You are allowed to use our site for purposes strictly granted by our site. You do not have permission to utilize our site or allow any other party to use our site for any other purposes – including commercial purposes – without our prior written authorization.

Restricted use includes, but is not limited to:

● Co-branding our site.
● Hyperlinking to our site.
● Using our name, trademarks, or any “hidden text” or meta tags.
● Framing or enclosing any of our or our affiliates’ logos, trademarks, or proprietary information.

“Co-branding” refers to the displaying of a name, logo, trademark, or identification that gives the impression of association with BrainIQ Health or that another party has authority to publish or distribute our site or content. You must cooperate to cease any unauthorized co-branding, hyperlinking, or framing immediately.

PROPRIETARY INFORMATION

The content and material (“content”) from our site or any other BrainIQ Health-owned sites are proprietary information belonging to us or our content providers. Our content providers and BrainIQ Health retain all rights to the content. You may not copy, transmit, distribute, display, republish, post, or upload our content without prior written approval. You may print content strictly for personal use. You agree not to alter or remove any copyright or proprietary notices. Violations may result in intellectual property infringement.

HYPERLINKS

Websites not maintained by BrainIQ Health may hyperlink to our site. These are not affiliated or sponsored by BrainIQ Health. You access such hyperlinks at your own risk. We are not liable for the accuracy or completeness of third-party hyperlinks and do not imply endorsement.

HEALTH INFORMATION

The FDA has not evaluated any statements or materials on our site or our products. Products are not intended to diagnose, treat, cure, or prevent diseases. All information is for educational purposes and is not a substitute for professional medical advice. Consult a healthcare professional before using any products.

SUBMISSIONS

Any content, graphics, ideas, or suggestions you submit grant BrainIQ Health and its affiliates royalty-free, transferable, irrevocable, perpetual, and worldwide license to use and adapt the submissions. Submissions are not confidential and may be used without compensation.

DISCLAIMER

We do not guarantee our content is virus-free or error-free. Use of the site is at your own risk. Content is provided “as is” without warranties. We disclaim all warranties including merchantability, non-infringement, and fitness for a particular purpose. We are not responsible for the accuracy, reliability, or currency of our content.

LIABILITY LIMITATIONS

Our total liability shall not exceed $100 or the amount paid for the applicable product or service. Some state laws may not allow these limitations.

INDEMNITY

You agree to indemnify BrainIQ Health and affiliates from any violations of these Terms, including all associated damages, legal fees, and claims.

TRADEMARKS AND COPYRIGHTS

All trademarks, logos, images, software, and content are owned by BrainIQ Health or licensed to us. You may not use our marks in a way that confuses customers or discredits us.

INFORMATION YOU CANNOT PUBLISH, POST, ETC.

You may not post or submit anything that is unlawful, obscene, pornographic, abusive, threatening, harmful, infringing, or malicious in any way. We reserve the right to monitor and remove any content in violation.

SECURITY

Passwords are for individual use only and must be kept secure. Unauthorized access or attempts to breach system security are prohibited. We cooperate with law enforcement if violations occur.

MOBILE MESSAGING TERMS

By submitting your phone number to BrainIQ Health, you agree to receive recurring marketing text messages (SMS and MMS) from us. These messages may include updates, promotions, and customer service notifications. Message frequency varies. Message and data rates may apply. You can opt out at any time by replying STOP, and reply HELP for help. Consent to receive text messages is not a condition of purchase.

Mobile numbers will never be shared with third parties for marketing purposes. For more information on how we handle your data, please review our Privacy Policy.

SHIPPING

BrainIQ Health ships primarily via USPS Priority, offering flat-rate shipping. Orders placed before 2 PM ET Mon–Fri ship same day. USPS does not deliver on Sundays or federal holidays.

To update a shipping address before fulfillment, contact customer service. Once shipped, addresses cannot be changed. Tracking is provided by email.

APPLICABLE UNITED STATES LAW

Our site and store are intended for U.S. customers. You are responsible for ensuring legal compliance with your local laws.

CONTACT

For questions about these Terms and Conditions, please contact: contact@brainiqhealth.com

US FDA DISCLAIMER

Products and statements have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease. Consult a healthcare provider before using any products.

CALIFORNIA PROP 65 WARNING

For California residents, see: https://www.p65warnings.ca.gov/