1. Overall. The Terms and Conditions encompasses the use of www.BrainGainLLC.com by a User. Brain Gain, LLC, a Pennsylvania limited liability company with its location at PO Box 3726, Erie, PA 16508 (“Company”) and is the owner of www.BrainGainLLC.com.
2. User Work Product. User may produce written materials such as comments, text, blog posts, and/or articles (the “Work”) for the Company. The User agrees that he/she will be the sole author of the Work, free of plagiarism, and any possible quotes are sited to their sources. While producing the Work, the User agrees to use reasonable care to ensure that all facts and statements in the Work are true and that the Work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party.
User warrants that the Work will not: (a) infringe upon or violate any patent, copyright, trademark, trade secret or any other intellectual or proprietary right of any third party; (b) break laws; (c) violate the privacy of an individual; (d) be racially or ethnically offensive, harassing, libelous, or profane; and (e) be spam.
The User agrees that the Company has the right, but not the obligation, to edit and/or review the Work as it deems appropriate for publication. The User further agrees to cooperate with the Company in editing and reviewing the Work prior to publication. The User will have the opportunity to review and approve all changes prior to being published under the User’s name. The Company reserves the right, but not the obligation, to refuse publication, and/or delete published Work.
3. Limitation of Liability. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS TERMS AND CONDITIONS OF USE.
THE COMPANY DOES NOT TAKE ANY LIABILITY OR RESPONSIBILITY FOR THE WORK PROVIDED BY THE USER AND PUBLISHED ON OUR DISTRIBUTION CHANNELS OR WWW.BRAINGAINLLC.COM AND THE COMPANY DOES NOT EXPRESSLY OR IMPLICITY ENDORSE THE WORK.
THE INFORMATION CONTAINED ON WWW.BRAINGAINLLC.COM IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT FINANCIAL, LEGAL, MEDICAL, OR ANY OTHER FIELD OF ADVICE OR A SUBSTITUTE FOR COUNSEL SUCH AS, BUT NOT LIMITED TO, AN ATTORNEY, ACCOUNTANT, FINANCIAL PLANNER, MEDICAL PROFESSIONAL OR ANY OTHER PROFESSIONAL SERVICE PROVIDER. USER EXPRESSLY AGREES THAT USE OF WWW.BRAINGAINLLC.COM IS AT THE USER’S SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
4. Indemnification. User hereby agrees to defend, indemnify and hold harmless the Company, its directors, officers, employees, agents, contractors and any assignee from and against any and all losses, damages, injuries, claims, suits, demands, judgments, decrees, costs, expenses and liabilities, including but not limited to attorneys’ fees and courts costs asserted against, imposed upon or incurred by the Company arising from: (a) the negligence of the User under this Terms and Conditions, (b) a breach of a warranty, representation or covenant set forth herein; or (c) any claim against the Company asserting that the Company’s use of the Work infringes upon a third party intellectual or proprietary right, including, but not limited to, patent, copyright, trademark, trade secret or any other intellectual or proprietary right.
6. Ownership. The Company claims no ownership over the User’s Work, however, by the User providing the Work on the Company’s distribution channels and www.BrainGainLLC.com the User agrees to allow others to view, comment, and/or share the Work. For any Work, the User hereby grants the Company a non-exclusive, irrevocable, worldwide, perpetual, sublicenseable, royalty-free right and license to the Work and posted comments published on the Company’s distribution channels, along with a right to create derivative works for any legal purposes whatsoever now known or that hereinafter become known.
(a) If any part, term or provision of the Terms and Conditions is held to be illegal or in conflict with any law, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Terms and Conditions did not contain the particular part, term or provision held to be invalid.
(b) The Terms and Conditions shall be deemed to be made in and shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law rules and without regard to the Uniform Computer Information Transactions Act. The parties mutually consent and submit to the exclusive jurisdiction of the federal and state courts of Pennsylvania.
8. Contact Us. If you have any questions regarding this Terms and Conditions or the practices of this Site, please contact us by sending an email to info@BrainGainLLC.com.
Terms and Conditions was last updated on July 7, 2018.