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Terms and conditions

1. Terms of use
2. Restrictions on use
3. Restriction of liability 
4. Disclaimer
5. Linked sites

1. Terms of use

By accessing materials on brainconcert.com, you agree to the following terms:

Brain Concert requires that all visitors to website(s) owned, operated, licensed and/or controlled by Brain Concert adhere to these Terms of Use and consent to the terms of our Privacy Policy. By accessing and using the Brain Concert. Site, you indicate your acknowledgement and acceptance of these Terms of Use. If you do not agree with these Terms of Use, you are not authorized to continue use of Brain Concert site(s) or resources.

Brain Concert may change, suspend or discontinue any aspect of the site(s) at any time, including the availability of any feature, database or content. Brain Concert may also impose limits on certain features and services and/or restrict your access to parts or all of the site without notice or liability of any kind. The terms and conditions of a Brain Concert client’s service agreement for any portion of the site will control in the event of any provisions that may conflict with these Terms of Use.

2. Restrictions on use

All the Web products and services, information, materials, data, images, graphics, sounds and other components on the Brain Concert Site (the “Contents”) are copyrighted and owned or controlled by Brain Concert unless otherwise noted. Any unauthorized use of the Contents on the Brain Concert Site may violate copyright, trademark, and other laws and intellectual property rights of Brain Concert. or third parties. Contents from the Brain Concert Site may not be modified, copied or distributed, republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of Brain Concert except that you may download one copy of the Contents on one computer for your personal, non-commercial home or archival use only, provided you do not delete or change any copyright, trademark or other proprietary notices contained therein. The Contents on the Brain Concert Site are provided for lawful purposes only.

If you are located in the European Economic Area or are otherwise protected by the European Union General Data Protection Regulation (GDPR), your use of this site is subject to your review, understanding and consent with the terms and provisions contained in these Terms of Use and the Brain Concert Privacy Policy.

3. Restriction of liability

Brain Concert WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY MATERIALS OR SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. Brain Concert WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN OR SOFTWARE AVAILABLE THROUGH THIS SITE, EVEN IF THERE IS NEGLIGENCE OR EVEN IF Brain Concert OR AN AUTHORIZED Brain Concert REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. Brain Concert’s TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT [INCLUDING WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY] OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.

4. Disclaimer

The Contents on the Brain Concert Site could include technical inaccuracies or typographical errors. Also, Brain Concert may make changes or improvements to the Brain Concert Site at any time. THE CONTENTS ON THE Brain Concert Site ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. Brain Concert DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Brain Concert DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Brain Concert Site OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Brain Concert DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE CONTENTS ON THE Brain Concert Site IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. Brain Concert MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THE Brain Concert Site. YOU (AND NOT Brain Concert) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

5. Linked sites

The Brain Concert Site includes links to other sites that are not maintained by Brain Concert. Brain Concert is not responsible for the content of those sites and makes no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such other sites. The inclusion of any link to such sites does not imply endorsement by Brain Concert of the sites or any products or services referred to therein. Brain Concert may terminate a link at any time. The terms of use and privacy policies applicable to such sites may be different from those applicable to the Brain Concert Site. If you decide to access any third-party site linked to the Brain Concert Site, you do so entirely at your own risk, and Brain Concert shall have no liability for any loss or damage arising from your use of any such site.

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