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Last updated: December 11, 2016

Liability for Nutritional Suggestions

In consideration of the services of Brainbuild, Inc. its agents, owners, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as “Brainbuild”) I, and the institution providing this service to me, hereby agree to release and discharge Brainbuild, as follows:

By accepting these terms, I, and the institution providing this service to me, will not hold Brainbuild responsible, now or at any time in the future, for any injury, illness, allergic reaction, or lack of results while following the nutritional suggestions. I completely acknowledge that Brainbuild is solely a service for providing nutritional suggestions and that the nutritional suggestions are provided by a Board Certified Specialist in Sports Dietetics but that Brainbuild does not function as a physician or any health care provider, diagnose or treat disease, and does not replace the necessary services of a licensed physician or health care provider. I completely acknowledge that I am simply receiving nutritional suggestions and that it is my choice to adhere to the provided nutritional suggestions. My participation, in using the Brainbuild service and receiving nutritional suggestions, is voluntary, and by using the Brainbuild application, I accept responsibility for any harm, injury, illness or death that may result.

I recognize that specific foods may create allergic and possible fatal reactions, most specifically, products containing nuts. I am also aware that specific foods may interact with certain medications. I acknowledge that I should always seek the advice of my physician or other health care provider with any questions I may have regarding a medical condition. I acknowledge that I should never disregard professional medical advice or delay seeking it because of something I have read on Brainbuild. I acknowledge that I should consult my physician regarding the side effects of the nutritional suggestions with all of my medications. I also understand the nutritional information I receive will not take my medications into consideration. In addition, but not limited to the following, if I am pregnant or lactating, have high cholesterol, high blood pressure, high blood sugar, diabetes, renal disease, gastric by-pass surgery or any other medical condition that requires special dietary restrictions, I should consult my physician before utilizing the nutritional suggestions provided by Brainbuild.

I acknowledge and agree that no warranties or representations have been made to me regarding the results I will achieve from following the nutritional suggestions. I understand that results are individual and may vary.

FERPA

In the course of providing Brainbuild’s services to the user, Brainbuild may have access to student education records that are subject to the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, et seq. and the regulations promulgated there under. Such information is considered confidential and is therefore protected. To the extent that Brainbuild has access to “education records” under the terms of use of the application, it is deemed a “school official,” as each of these terms are defined under FERPA. Brainbuild agrees that it shall not use education records for any purpose other than in the creation of the user profile in the Brainbuild application. Except as required by law, Brainbuild shall not disclose or share education records with any third party unless consented to by the student in writing.

By signing and acknowledging agreement to these Terms and Conditions, I acknowledge that Brainbuild will have access to specific education records that will allow Brainbuild to create my user profile.


Contact Us

If you have any questions about these Terms and Conditions, please contact us.

Joe Lam, Founder & CEO
joe [at] brainbuild.io