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BBConnect Terms and Conditions

Last updated: March 5, 2021

Please read these terms and conditions carefully before using the Best Brains Application.

Definitions

For the purposes of these Terms and Conditions:

Application means the software program provided by Best Brains downloaded by You on any electronic device, which is named BBConnect.

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access the Best Brains Application or parts of Best Brains Application.

Country refers to: United States.

Best Brains refers to Best Brains, Inc., 135 E. Algonquin Road, Suite B, Arlington Heights, IL 60005.

Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.

Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and Best Brains regarding the use of the Application.

Third-party Social Media Application means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Application.

You (referred to as either "You" or "Your") means the individual accessing or using the Application, or the company or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Application and the agreement between You and Best Brains. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Application.

Your access to and use of the Application is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Application.

By accessing or using the Application You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Application.

You represent that you are over the age of 18, or that Your parent or legal guardian has given their prior express written consent for You to use the Application. Best Brains does not permit those under 18 to use the Application without the prior express written consent of their parent or legal guardian.

Your access to and use of the Application is also conditioned on Your acceptance of and compliance with the Privacy Policy of Best Brains. Best Brains’ Privacy Policy describes Best Brains’ policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website, and tells You about Your privacy rights and how the law protects You. Please read Best Brains’ Privacy Policy carefully before using the Best Brains Application.

User Accounts

When You create an account with Best Brains, You must provide Best Brains with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Best Brains Application Account.

You are responsible for safeguarding the password that You use to access the Application and for any activities or actions under Your password, whether Your password is with the Best Brains Application or a Third-Party Social Media Application.

You agree not to disclose Your password to any third party. You must notify Best Brains immediately upon becoming aware of any breach of security or unauthorized use of Your Account.

You may not use as a username the name of another person or entity or a name that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Application and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of Best Brains and/or its licensors.

The Application is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Best Brains’ trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Best Brains.

Links To Other Websites

The Best Brains Application may contain links to third-party web sites or services that are not owned or controlled by Best Brains.

Best Brains has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You acknowledge and agree that Best Brains shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

Best Brains strongly advises You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

Best Brains may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Application will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Application.

Limitation Of Liability

Notwithstanding any damages that You might incur, the entire liability of Best Brains and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the use of the Application, or $100 USD if You haven't paid anything for the use of the Application.

To the maximum extent permitted by applicable law, in no event shall Best Brains and/or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of these Terms), even if Best Brains and/or any supplier has been advised of the possibility of such damages, and even if any other available remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, liability shall be limited to the greatest extent permitted by law.

“AS IS” And “AS AVAILABLE” Disclaimer

The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Best Brains, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Best Brains provides no warranty or undertaking, and makes no representation of any kind that the Application will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Best Brains nor any of Best Brains' providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Best Brains are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the State of Illinois shall govern these Terms and Your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

Dispute Resolution

If You have any concern or dispute with regard to the Application, You agree to first try to resolve the dispute informally by contacting the Best Brains. If the dispute is not able to be informally resolved, You agree to resolve the dispute through arbitration at the American Arbitration Association (AAA) location nearest to the Best Brains office in Arlington Heights, IL, or at any other commercial arbitration service which is mutually agreed to in writing by You and Best Brains.

European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you reside.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability And Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if Best Brains have made them available to You on the Best Brains Application. In that case, You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms And Conditions

Best Brains reserves the right, at Best Brains’ sole discretion, to modify or replace these Terms at any time. If a revision is material Best Brains will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Best Brains’ sole discretion.

By continuing to access or use the Best Brains Application after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, you must stop using the website and the Application.

Contact Best Brains

If you have any questions about these Terms and Conditions, You can contact us:

  • By mail: 135 E. Algonquin Road, Suite B, Arlington Heights, IL 60005.
  • By email: info@bestbrains.com
  • By telephone: 800-817-1025