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Nutrition Liability Disclaimer


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 Liability Disclaimer

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.


Terms and Conditions

Terms and Conditions ("Terms")

Last updated: August 10, 2016

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the app.brainbuild.io website (the "Service") operated by Brainbuild ("us", "we", or "our").

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

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us 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 account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Brainbuild.

Brainbuild has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Brainbuild 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of North Carolina, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Brainbuild Logo

Logo "Divided Pyramid" is used under a Creative Commons Attribution 3.0 License (https://creativecommons.org/licenses/by/3.0/us/), from Juan Pablo Bravo (https://thenounproject.com/bravo/).

Contact Us

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


Privacy Policy

Privacy Policy

Last updated: August 10, 2016

Brainbuild ("us", "we", or "our") operates the app.brainbuild.io website (the "Service").

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at app.brainbuild.io

Information Collection And Use

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your name, phone number, postal address, other information ("Personal Information").

Log Data

We collect information that your browser sends whenever you visit our Service ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.

We use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 13 ("Children").

We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we discover that a Children under 13 has provided us with Personal Information, we will delete such information from our servers immediately.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.


Contact Us

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

legal [at] brainbuild.io