This Agreement is between BrainPower and you ('you' or 'Customer') This Section sets forth the terms and conditions which apply to the use by you of the BrainPower (as defined below) and any other subscription product or service offered for sale by BrainPower and/or its affiliates (collectively, 'BrainPower'). The right to use any product or service offered by BrainPower is personal to you and is not transferable to any other person or entity. BrainPower reserves the right to make changes to the BrainPower sites, policies, and these Terms at any time without notice.
SMS Offering and Opt-out Rights By completing or submitting a registration form or partial registration form you are consenting to receive SMS, wireless or other mobile offering to your cell phone. You understand that your wireless carrier’s standard charges and rates apply to these messages.
To Stop Messages: Text STOP to 61083 or reply STOP to any text message you receive, or contact our Customer Service at firstname.lastname@example.org or call 855-976-2041. You consent that following such a request to unsubscribe, you will receive one (1) final message from BrainPower confirming that you have been inactivated in our system. Please allow up to three (3) business days to process your request.
For Help: To obtain help you may:
Text “HELP” to 61083 to obtain help on your mobile phone, or reply HELP to any message.
Email us at: email@example.com
Call us at: 855-976-2041 M-F 9am-5pm Pacific Time.
Use of the BrainPower Sites
The BrainPower contain links to other Web sites, resources and advertisers. BrainPower is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall BrainPower be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.
Disclaimer of Warranty; Limitation of Liability
BrainPower neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the BrainPower sites, nor for any offensive, defamatory or obscene posting made by. Under no circumstances will BrainPower be liable for any loss or damage caused by your reliance on information obtained through the content on the BrainPower sites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the BrainPower sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
You agree to defend, indemnify and hold harmless BrainPower, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the BrainPower Sites, including claims by other users of your equipment, access, products or membership.
Our standard ground shipping takes from 4 to 10 business days within the continental United States. Generally international shipments take 14-21 business days from day of shipment unless customs causes a delay for some reason. If you have not received your order within 21 days from your purchase date, please contact customer care to request a reshipment of your order. If you entered the wrong address on our order form and we are forced to reship your package, there will be an additional shipping and processing charge equal to your original order.
Once an order has been submitted your credit card will be charged. Our ordering process is streamlined so your order will immediately be sent to processing and then shipping. Due to the high volume of orders we receive we will be unable to cancel an order after submitted. Please order carefully.
90 Day Return Policy
We take great pride in the superior quality of our products and want you to be pleased with your purchase. We believe in offering the very best value, quality and selection to our customers. You may return any unused and unopened item purchased from us for any reason within Ninety (90) days of your purchase. If you purchased your merchandise through a 'Buy Three, Get Two Free' or similar offer, all items must be returned in order to receive a refund. If you return a partial amount of merchandise, you will forfeit the free product and receive a refund on the discount price per item based on the total purchase.
Your complete satisfaction is our ultimate goal. You may return any item shipped by BrainPower, keeping the following in mind:
You should return the item to us within 90 days of your purchase date.
We do not accept items back that have been opened or used. Opened Items are Non Refundable.
Shipping and Handling Fees are Non Refundable.
There is a $10.00 restocking fee for returns per item.
If I enroll in the membership or auto ship ("trial") program today, I am agreeing to be charged the trial amount advertised today and the retail amount advertised when the advertised trial period is over in for my trial product received. If I do not call to cancel the membership or auto ship during the trial period advertised, I am agreeing to pay the retail amount advertised for the trial product received, at the end of the advertised trial period. If the card on file does NOT successfully authorize for that agreed upon retail amount and you have not called to cancel, the BrainPower shall be entitled to seek collection of the unpaid funds using either internal or third party collection efforts plus all costs of collection including reasonable interest, reasonable attorney's fees (if suit is filed) and reasonable collection agency fees.
Statements made by BrainPower have not been evaluated by the food and drug administration. The FDA does not evaluate or test herbs. These products are not intended to diagnose, treat, cure or prevent any illness or disease. Consult with your physician for diagnosis or treatment. Use herbs as per instructions and always watch for any allergic reactions.
The information presented on this site is not presented with the intention of diagnosing any disease or condition or prescribing any treatment. It is offered as information only, for use in the maintenance and promotion of good health in cooperation with a licensed medical practitioner.
In the event that any individual should use the information presented on this website without a licensed medical practitioner's approval, that individual will be diagnosing for him or herself.
No responsibility is assumed by the author, publisher or distributors of this information should the information be used in place of a licensed medical practitioner's services. No guarantees of any kind are made for the performance or effectiveness of the preparations mentioned on this website. Furthermore, this information is based solely on the traditional and historic use of a given herb, or on clinical trials that are generally not recognized by any US government agency or medical organization.
This information has not been evaluated by the US Food and Drug Administration, nor has it gone through the rigorous double-blind studies required before a particular product can be deemed truly beneficial or potentially dangerous and prescribed in the treatment of any condition or disease.
DISPUTE RESOLUTION PROCEDURE
Your purchase or use of BrainPower products constitutes your agreement to this Dispute Resolution Procedure. If you do not agree to the arbitration agreement in this Dispute Resolution Procedure, you must return the product for a refund within 30 days of the date of delivery of the product.
Arbitration Agreement. You and BrainPower agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ('FAA'), and not by any state law concerning arbitration; and that any dispute between us, including disputes by either of us against any agent, officer, shareholder, member, employee, subsidiary, affiliate, predecessor in interest, successor and/or assign of the other, will be resolved exclusively and finally by binding arbitration.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. If you initiate an arbitration, BrainPower will promptly reimburse you for any standard filing fee which may have been required under Procedures once you have notified BrainPower in writing and provided a copy of the arbitration proceedings. The prevailing party in the arbitration shall be entitled to attorneys' fees and costs, including the filing fee.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against BrainPower and may not preside over any kind of representative or class proceeding against BrainPower, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST BrainPower, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT TO GET A REFUND PRIOR TO USE. IF YOU HAVE PURCHASED THE PRODUCT AT A RETAIL STORE, YOU MUST RETURN THE PRODUCT ACCORDING TO THE STORE'S RETURN POLICY. IF YOU HAVE PURCHASED THE PRODUCT BY TELEPHONE OR ONLINE FROM US, YOU MUST RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY
Herbal Safety Guidelines
Before using an herb you are unfamiliar with, find out its medicinal properties. Research it thoroughly and/or consult with an appropriately qualified practitioner or expert. If you are taking prescription drugs, or have a medical condition check with an appropriately qualified practitioner before using herbs medicinally. Herbs have shown overwhelming evidence that they work. Just because a small amount works well does NOT mean that more is better. As individuals we all have different constitutions, sensitivities, allergic reactions and possible health conditions. The following are merely guidelines. They include herbs offered on our websites. This list does not help with administering information on possible interactions and contraindications with prescription medicine. This needs to be discussed with your physician.
Should I check with my doctor or healthcare provider before using a supplement?
This is a good idea, especially for certain population groups. Dietary supplements may not be risk-free under certain circumstances. If you are pregnant, nursing a baby, or have a chronic medical condition, such as, diabetes, hypertension or heart disease, be sure to consult your doctor or pharmacist before purchasing or taking any supplement. While vitamin and mineral supplements are widely used and generally considered safe, you may wish to check with your doctor or pharmacist before taking these or any other dietary supplements. If you plan to use a dietary supplement in place of drugs or in combination with any drug, tell your health care provider first. Many supplements contain active ingredients that have strong biological effects and their safety is not always assured in all users. If you have certain health conditions and take these products, you may be placing yourself at risk.
Some supplements may interact with prescription and over-the-counter medicines
Taking a combination of supplements or using these products together with medications (whether prescription or OTC drugs) could under certain circumstances produce adverse effects. Be alert to advisories about these products, whether taken alone or in combination. For example: Coumadin (a prescription medicine), ginkgo biloba (an herbal supplement), aspirin (an OTC drug) and vitamin E (a vitamin supplement) can each thin the blood, and taking any of these products together can increase the potential for internal bleeding.
Some supplements can have unwated effects during surgery
It is important to fully inform your doctor about the vitamins, minerals, herbals or any other supplements you are taking, especially before elective surgery. You may be asked to stop taking these products at least 2-3 weeks ahead of the procedure to avoid potentially dangerous supplement/drug interactions -- such as changes in heart rate, blood pressure and increased bleeding - that could adversely affect the outcome of your surgery.
Not to be used during pregnancy, or if you are nursing:
Alkanet, Aloe, Angelica, Anise, Anise Star, Arnica, Ashwaganda, Barley Grass, Barberry, Basil, Bitter Melon, Black Cohosh, Bladderwrack, Blessed Thistle, Blood Root, Blue Cohosh, Blue Flag, Blue Vervain, Borage, Buckthorn, California Poppy, Cascara Sagrada, Catnip, Celandine, Celery, Chervil, Cinnamon, Club Moss, Comfrey, Coltsfoot, Cubeb, Dong Quai, Elecampane, Ephedra, False Unicorn, Fenugreek, Feverfew, Ginger, Golden Seal, Gravel, Guarana, Gymnema, Horehound, Horsetail, Hyssop, Juniper, Lemongrass, Licorice, Lobelia, Lovage, Lungwort, Mace, Motherwort, Mugwort, Muira Puama, Myrrh, Neem, Oregon Grape, Osha, Parsley, Pennyroyal, Pleurisy, Prickly Ash, Red Clover, Rhodiola, Rosemary, Rue, Sage, Sassafras, Sarsaparilla, Senna, Shepherds Purse, Spikenard, Turkey Rhubarb, Turmeric, Uva Ursi, Vitex, Watercress, White Sage, Wormwood, Yarrow
Not for persons with history of kidney stones, liver disorders, renal dysfunction or inflammation
Cubeb, Essiac, Horsetail, Hydrangea, Juniper Berries, Kava Kava, Parsley Root, Pennyroyal, Sheep Sorrel, Shepherds Purse, Suma, Sumac, Uva Ursi, Yellowdock, Yohimbe
Not recommended for person currently taking blood thinning medications:
Alfalfa, Angelica, Cramp Bark, Cubeb, Dong Quai, Ginkgo, Meadowsweet, Red Clover, Sarsaparilla, Yohimbe
Not for persons with stomach inflammation/ulcers serious digestion and/or liver problems. May cause gastrointestinal upset:
Black Haw, Blue Flag, Chaparral, Club Moss, Crampbark, Devils Claw, Eucalyptus, Elecampane, Essiac, Gentian, Ginger, Licorice, Lobelia, Parsley Root, Pleurisy, Pygeum, Solomans Seal, Tribulus, Turmeric, Yohimbe
To be used only under the supervision of an expert qualified in the appropriate use of this substance:
Calamus, Horse Chestnut, Lobelia, Licorice, Mandrake, Poke, Tonka
Do not use if you have abdominal pain or diarrhea, discontinue if these occur. Consult health practitioner prior to use if pregnant, nursing, and taking medication or have a medical condition. Do not exceed recommended dose. Not for long term use:
Aloe, Buckthorn, Cascara Sagrada, Senna, Turkey Rhubarb, Yohimbe
May cause photo toxicity in some individuals at high dosage. Avoid long exposure to sun if using internally:
Angelica, Celery Seed, Orange Peel, Rue, St. John's Wort
Seek advice from health practitioner prior to use if pregnant, nursing, have high blood pressure, heart or thyroid disease, diabetes, difficulty in urination due to prostate enlargement, or if taking mao inhibitor or other prescription drug. Reduce/discontinue use if nervousness, tremor, sleeplessness, loss of appetite or nausea occur. Do not exceed recommended dose. Keep out of reach of children:
Ephedra, St. John's Wort, Yohimbe
Seek advice from a health practitioner before use if you have/may have had kidney or liver disease. Discontinue use if nausea, fever, fatigue or jaundice (dark urine, yellow discoloration of eyes) should occur:
Statements made by BrainPower have not been evaluated by the food and drug administration. The FDA Does not evaluate or test herbs. These products are not intended to diagnose, treat, cure or prevent any illness or disease. Consult with your physician for diagnosis or treatment. Use herbs as per instructions and always watch for any allergic reactions.
Effective April 5, 2014
Information Collection and Use
Information collected by BrainPower is stored in a single, secure database, accessible only by BrainPower. BrainPower collects information from our paying customers or other persons who use, attempt to use, or purchase BrainPower products or the services at several different points and from different sources, all or some of which may apply to you.
When you sign up as a customer or potential customer, we ask for, and you are required to give, your name, address, zip code, telephone number, email address, credit card or checking account number, and credit card expiration date. Once you register as a customer with us, you are not anonymous to us.
Cookies are alphanumeric identifiers that we transfer to your computers hard drive through your Web browser.
BrainPower automatically receives and records information on its server logs from your Web browser, including your IP address, cookie information, and the page you requested. We use IP addresses and cookies to analyze trends, administer the site, track members and users movements, and gather broad demographic information for aggregate use. IP addresses are not linked to your personal information.
Information from Other Sources
For reasons such as improving personalization of our Service (for example, providing better product recommendations or special offers that we think will interest you), we might receive information about you from other sources and add it to our account information. We also sometimes receive updated delivery and address information from our shippers or other sources so that we can correct our records and deliver your next purchase or communication more easily.
Use of Information
Information we collect is generally used for the following purposes:
To build features that will make the services available on our site easier to use. This includes faster search requests, better member support and timely notice of new services and special offers.
To improve our marketing and promotional efforts, to analyze site usage, improve our content and product offerings, and customize our sites content, layout, and services. These uses improve our Services and better tailor them to meet your needs.
To resolve disputes, troubleshoot problems and enforce our Terms and Conditions of Use. At times, we may look across multiple members or users to identify problems or resolve disputes, and in particular we may examine your information to identify members using multiple Member Ids or aliases.
Sharing of Information
We may use the personal information that you supply to us and we will bring selected retail opportunities to you via direct mail, email, online and telemarketing. If you want BrainPower to stop sharing information it has about you in the future, you may “opt out” at www.myskinfreshmd.com. We reserve the right to disclose personal information, including Sensitive Information, when we believe that such disclosure is appropriate to comply with the law or a request by a government official, to protect the rights or property of BrainPower, or to enforce our Terms and Conditions of Use. In the event that BrainPower or substantially all of its assets are acquired by a third party, member information and Sensitive Information may be some of the transferred assets.
Use of Data Collected
We use your personal, demographic and profile data to enhance your experience at our site and to enable us to present content we think you might be interested in. We use your contact information to send you information about our BrainPower and promotional material from our partners. We may also use your personal, demographic and profile data to improve our site, for statistical analysis, for marketing and promotional purposes, send SMS alerts or notification, and for editorial or feedback purposes for our advertisers. Information collected by us may be added to our databases and used for future telemarketing, SMS text-messaging, e-mails or postal mailings regarding site updates, new products and services, upcoming events, and/or status of orders placed online. By using this site, you agree that you may be contacted in any manner contemplated in this section even if your number is found on a do not call registry, in-house list or similar registry.
FCC TCPA Disclaimer
By opting into BrainPower, the end-user agrees to receive pre-written marketing messages from or on behalf of BrainPower, and understands that consent is not a condition of purchase. Contact us at firstname.lastname@example.org or call 855-976-2041.
No Guarantee: not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider or otherwise.
The following mobile carriers are not liable for delayed or undelivered messages:
AT&T, Alltel, T Mobile, Verizon Wireless, U.S. Cellular, Sprint, Boost, Metro PCS, Cellcom, Cellular One, Cellular South, Cincinnati Bell, nTelos, Virgin Mobile, ACS Wireless, Bluegrass, Centennial, Cox Communications, ECIT - Cellular One of East Central Illinois, EKN - Appalachian Wireless, GCI Communications, Immix - PC Management, Inland Cellular, IVC - Illinois Valley Cellular, Nex-Tech Wireless, RCC/Unicel, Revol, RINA/All West Wireless, RINA/CTC Telecom-Cambridge, RINA/FMTC-Farmers Mutual Telephone Co., RINA/Nucla-Naturita Telephone Co., RINA/Silverstar, RINA/Snake River PCS, RINA/South Central, RINA/Syringa Wireless, RINA/UBET, West Central Wireless
We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from member lists, analyzing data, providing marketing assistance, processing credit card payments, and providing member services. They have access to personal and Sensitive Information needed to perform their functions, but may not use it for other purposes.
Special Offers and Announcements
Active customers and former customers will occasionally receive information on products, services, special deals, and a newsletter.
BrainPower takes every precaution to protect our users and members Sensitive Information, both online and offline. Your Sensitive Information is password-protected for your privacy and security. Sensitive Information is encrypted and is protected online with the best encryption software in the industry - SSL.
Sensitive Information is also protected offline in our offices. Only employees who need the information to perform a specific job (for example, a billing clerk or member services representative) are granted access to Sensitive Information. Furthermore, all employees are kept up-to-date on our security practices and changes in those practices. Finally, the servers that we store Sensitive Information on are kept in a secure environment. If you have any questions about the security at our website, you can send an email to us using BrainPower online contact form
BrainPower forwards users and members to other sites. Please be aware that BrainPower is not responsible for the business and privacy practices of these other sites. We encourage you to be aware of this when you leave our site and to read the legal notices and privacy policies of each and every website you visit.
Correction/Updating Personal Information
If a member's personal information changes we will endeavor to provide a way to correct or update that members personal data provided to us. Visit our Customer Care section to update your information.
Notification of Changes
If we decide to change our Policy, we will post these changes on our Homepage or provide other notification of our revised Policy so our users and members are always aware of what information we collect, how we use it, and when we disclose it.
Children's Online Privacy Protection
BrainPower serves general users of the World Wide Web. We support and comply with the Childrens Online Protection Act (COPPA) and we do not knowingly collect information from children under the age of 13, nor do we share such information with third parties. Children under the age of 18 may use BrainPower only with the involvement of a parent or guardian.
Special Notification for California Residents, Your California Privacy Rights
Individual customers who reside in California and have provided their personal information to BrainPower may request information about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. Such requests must be submitted to us using BrainPower online contact form. Within thirty days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.
You provide your consent to receive telemarketing calls from third party marketing partners, including auto-dialed calls, on your land line telephone number and/or your cell phone (if number was provided). You understand that wireless carrier standard rates may apply to any calls to your cell phone.
Please note: Message & Data Rates May Apply.
If you have any additional questions regarding this Agreement, please feel free to contact us any time at email@example.com.
Terminating the Service By You. You may terminate any of the Services or subscriptions at any time by texting “STOP” to 61083.
By BrainPower. You agree that BrainPower, at its sole discretion, may at any time terminate your use of all or any portion of the Services and/or change its content offering made available through the Services, if BrainPower believes that you have violated or acted inconsistently with this Agreement. You agree that BrainPower shall not be liable to you or any third party for any termination of your access to the Services.
Description of the Services
BrainPower provides text message-based services such as job alerts. We also provide an opportunity for users of the Services to send text messages to one another. You acknowledge and agree that the Services are for your personal use only. You may not use the Services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales. If you want to make commercial use of the Services, you must enter into an agreement with BrainPower to do so in advance. Please contact us for more information.
BrainPower occasionally provides links or access to websites, services or properties owned by third parties (collectively “Third Party Links”). BrainPower does not own or operate such Third Party Links and is not responsible for the content or performance of any Third Party Links.
Frequency of Messaging
BrainPower alerts are delivered via text messaging to your mobile phone, 9 msg/month.
Access to the Services
In order to use the Services, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which BrainPower makes the Services available as well as any carrier services necessary to send text messages, and pay any service fees associated with any such access. YOUR CARRIER’S TEXT MESSAGING RATES WILL APPLY TO ALL TEXT MESSAGE COMMUNICATIONS MADE IN CONNECTION WITH THE SERVICES. ACCORDINGLY, ALL PRICING, BILLING, REFUND AND OTHER RELATED INQUIRIES AND SUPPORT MUST BE DIRECTED TO YOUR CARRIER’S CUSTOMER SUPPORT TEAM.
Supported Carriers include: AT&T, Verizon Wireless, Sprint, T-Mobile, Alltel, CellularOne, Virgin Mobile, U.S. Cellular, Metro PCS.
The Wireless Carriers are not liable for delayed or undelivered messages.
In addition, you must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service.
If any upgrade in or to the Services requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Services shall be subject to the terms and conditions of this Agreement.
BrainPower reserves the right at any time and from time to time to modify, suspend, limit the use of, discontinue or permanently cancel all or any portion of the Services. BrainPower uses reasonable efforts to ensure that the Services are always available. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond our control. By using the Services, you agree that BrainPower will not be liable to you for any modification, suspension or discontinuance of the Services.