Terms And Conditions
General
All Brainware software and services (collectively referred to as "Products") are sold AS IS and do not have any warranties or guarantees. The purchase and use of Products is solely at the risk of the buyer. By using Products, the buyer agrees not to hold Brainware liable in any way for damages that may be related to its use.
iPersonal Trainer™, Tide Graph™, and World Tides™ are trademark of Brainware LLC and legally protected under "Common Law" for sale world wide. Violations of our trademarks are strictly enforced and may be reported to Apple or other legal authorities if necessary.
Brainware reserves the right to cancel Products at any time. Purchases shall not be refunded even if they are made in advance.
The Brainsite Content Management System (CMS) software ("Brainsite") is proprietary software owned by Brainware LLC. Except for the content provided by you, the websites created using Brainsite belong to Brainware LLC. Brainware LLC grants you an unrestricted license in the website for the duration of your hosting subscription. Cancellation of your hosting subscription for any reason terminates your license to the website thereafter.
Brainware does not guarantee that Products will continue to work after they are purchased. Furthermore, we do not warranty that the products have been fully tested so they may not work under some or all circumstances.
By using our Products, the buyer agrees not to sue Brainware or join a class action law suit against Brainware.
Brainware reserves the right to change these terms and conditions at any time without notifying its customers.
If the buyer does not agree to these terms, then they are not permitted to use our products.
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Service Agreement
I. AGREEMENT
In this Service Agreement ("Agreement") "you" and "your" refer to each customer, "we", us" and "our" refer to Brainware and website hosting "Services" refers to the services provided by us. This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our website hosting Services you have agreed to establish an account with us for such Services. By using the Hosting Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.
II. FEES, PAYMENT AND TERM
As consideration for the website hosting services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable unless otherwise specified. As further consideration for the website hosting Services: (1) You agree to provide all current, complete and accurate information about you for billing purposes. (2) Maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). 3) Website packages are billed 1 year in advance, in 1 year increments only; 4) We do not offer refunds of any kind, 5) We do not provide technical support for computers or phones or other devices; 6) We do not provide technical support for third party software such as Google Apps, or Facebook.; 7) We provide free email support for technical questions related directly to our products or services only; 8) All other services are billed to the client on a hourly basis; 9) Late fees of up to $10/mo may be added; 10) Websites are subjected to being parked if invoice is not paid within 60 days of their due date; 11) Brainsite™ Content Management System (CMS) is not transferrable; 12) It is not our responsibility to provide images or any other content of the website for the purposes of transferring it to another hosting provider or any other reason.
III. MODIFICATIONS TO AGREEMENT
You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement, Section 5. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notices section of this agreement, Section 5. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes. You further agree that we, in our sole discretion, may modify our Dispute Policy at any time.
IV. MODIFICATIONS TO YOUR ACCOUNT
In order to change any of your account information with us, email us at support@brainware.net or submit a ticket at http://www.brainware.net/ticket/.
V. NOTICES
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender, in the case of notice to us to support@brainware.net. Mail shall be sent to "Brainware", 164 Santa Ana Ave, Long Beach, CA 90803. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication.
VI. ACCEPTANCE OF AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
VI. REVISION HISTORY
2/19/15: Added Items 9 through 12 to paragraph II.
