This Agreement is between BrainieX and you ("you" or "Customer") This Section sets forth the terms and conditions which apply to the use by you of the BrainieX (as defined below) and any other subscription product or service offered for sale by BrainieX and/or its affiliates (collectively, "BrainieX"). The right to use any product or service offered by BrainieX is personal to you and is not transferable to any other person or entity. BrainieX reserves the right to make changes to the BrainieX sites, policies, and these Terms at any time without notice.
1. Use of the BrainieX Sites.
The BrainieX contain links to other Web sites, resources and advertisers. BrainieX is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall BrainieX be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site's administrator or webmaster.
2. Disclaimer of Warranty; Limitation of Liability.
BrainieX neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the BrainieX sites, nor for any offensive, defamatory or obscene posting made by. Under no circumstances will BrainieX be liable for any loss or damage caused by your reliance on information obtained through the content on the BrainieX sites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the BrainieX sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
You agree to defend, indemnify and hold harmless BrainieX, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the BrainieX Sites, including claims by other users of your equipment, access, products or membership
Our standard ground shipping takes from 4 to 10 business days within the continental United States. Generally international shipments take 14-21 business days from day of shipment unless customs causes a delay for some reason. If you have not received your order within 21 days from your purchase date, please contact firstname.lastname@example.org to request a reshipment of your order. If you entered the wrong address on our order form and we are forced to reship your package, there will be an additional shipping and processing charge equal to your original order.
5. Sales and Distribution.
Customer will not sell any product on eBay, Amazon, any of their affiliate's websites or any other auction website or online marketplace. Prices do not include and are net of any foreign or domestic governmental taxes or charges of any kind that may be applicable to the sale, licensing, marketing or distribution of the products. Customer understands and acknowledges that all sales are final and that they are not entitled to return any product for a refund. BrainieX will not be responsible for any delays or lack of delivery due to customs clearance issues.
6. Cancellation Policy.
Once an order has been submitted your credit card will be charged. Our ordering process is streamlined so your order will immediately be sent to processing and then shipping. Due to the high volume of orders we receive we will be unable to cancel an order after submitted. Please order carefully.
7. 60 Day Return Policy.
We take great pride in the superior quality of our products and want you to be pleased with your purchase. We believe in offering the very best value, quality and selection to our customers. You may return any unused and unopened item purchased from us for any reason within Ninety (60) days of your purchase. If you purchased your merchandise through a "Buy Three, Get Two Free" or similar offer, all items must be returned in order to receive a refund. If you return a partial amount of merchandise, you will forfeit the free product and receive a refund on the discount price per item based on the total purchase.
Your complete satisfaction is our ultimate goal. You may return any item shipped by BrainieX, keeping the following in mind:
8. Collection Efforts
You understand that if you signed up for a monthly-billed continuity program, there is a monthly payment obligation for you. If BrainieX is unable to process your payment for a given month of program benefit eligibility, you understand and acknowledge that BrainieX shall be entitled to seek collection of the unpaid funds using either internal or third party collection efforts. You understand and agree that, should BrainieX seek collection of unpaid funds as prescribed herein, that BrainieX shall be entitled to assess a twenty dollar ($20.00) penalty to re-coup the cost of collection efforts on your account. You further understand and agree that non-payment of a validated payment obligation may entitle BrainieX to report the matter to credit agencies, which may negatively impact your credit score.
Statements made by BrainieX have not been evaluated by the food and drug administration. The FDA does not evaluate or test herbs. These products are not intended to diagnose, treat, cure or prevent any illness or disease. Consult with your physician for diagnosis or treatment. Use herbs as per instructions and always watch for any allergic reactions.
The information presented on this site is not presented with the intention of diagnosing any disease or condition or prescribing any treatment. It is offered as information only, for use in the maintenance and promotion of good health in cooperation with a licensed medical practitioner.
In the event that any individual should use the information presented on this website without a licensed medical practitioner's approval, that individual will be diagnosing for him or herself.
No responsibility is assumed by the author, publisher or distributors of this information should the information be used in place of a licensed medical practitioner's services. No guarantees of any kind are made for the performance or effectiveness of the preparations mentioned on this website. Furthermore, this information is based solely on the traditional and historic use of a given herb, or on clinical trials that are generally not recognized by any US government agency or medical organization.
This information has not been evaluated by the US Food and Drug Administration, nor has it gone through the rigorous double-blind studies required before a particular product can be deemed truly beneficial or potentially dangerous and prescribed in the treatment of any condition or disease.
DISPUTE RESOLUTION PROCEDURE
Your purchase or use of BrainieX products constitutes your agreement to this Dispute Resolution Procedure. If you do not agree to the arbitration agreement in this Dispute Resolution Procedure, you must return the product for a refund within 30 days of the date of delivery of the product.
Arbitration Agreement. You and BrainieX agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration; and that any dispute between us, including disputes by either of us against any agent, officer, shareholder, member, employee, subsidiary, affiliate, predecessor in interest, successor and/or assign of the other, will be resolved exclusively and finally by binding arbitration.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. If you initiate an arbitration, BrainieX will promptly reimburse you for any standard filing fee which may have been required under Procedures once you have notified BrainieX in writing and provided a copy of the arbitration proceedings. The prevailing party in the arbitration shall be entitled to attorneys' fees and costs, including the filing fee.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against BrainieX and may not preside over any kind of representative or class proceeding against BrainieX, its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST SANTRINICO ENTERPRISE, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT TO GET A REFUND PRIOR TO USE. IF YOU HAVE PURCHASED THE PRODUCT AT A RETAIL STORE, YOU MUST RETURN THE PRODUCT ACCORDING TO THE STORE'S RETURN POLICY. IF YOU HAVE PURCHASED THE PRODUCT BY TELEPHONE OR ONLINE FROM US, YOU MUST RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY.
Herbal Safety Guidelines
Before using an herb you are unfamiliar with, find out its medicinal properties. Research it thoroughly and/or consult with an appropriately qualified practitioner or expert. If you are taking prescription drugs, or have a medical condition check with an appropriately qualified practitioner before using herbs medicinally. Herbs have shown overwhelming evidence that they work. Just because a small amount works well does NOT mean that more is better. As individuals we all have different constitutions, sensitivities, allergic reactions and possible health conditions. The following are merely guidelines. They include herbs offered on our websites. This list does not help with administering information on possible interactions and contraindications with prescription medicine. This needs to be discussed with your physician.
Should I check with my doctor or healthcare provider before using a supplement?
This is a good idea, especially for certain population groups. Dietary supplements may not be risk-free under certain circumstances. If you are pregnant, nursing a baby, or have a chronic medical condition, such as, diabetes, hypertension or heart disease, be sure to consult your doctor or pharmacist before purchasing or taking any supplement. While vitamin and mineral supplements are widely used and generally considered safe, you may wish to check with your doctor or pharmacist before taking these or any other dietary supplements. If you plan to use a dietary supplement in place of drugs or in combination with any drug, tell your health care provider first. Many supplements contain active ingredients that have strong biological effects and their safety is not always assured in all users. If you have certain health conditions and take these products, you may be placing yourself at risk.
Some supplements may interact with prescription and over-the-counter medicines.
Taking a combination of supplements or using these products together with medications (whether prescription or OTC drugs) could under certain circumstances produce adverse effects. Be alert to advisories about these products, whether taken alone or in combination. For example: Coumadin (a prescription medicine), ginkgo biloba (an herbal supplement), aspirin (an OTC drug) and vitamin E (a vitamin supplement) can each thin the blood, and taking any of these products together can increase the potential for internal bleeding.
Some supplements can have unwanted effects during surgery.
It is important to fully inform your doctor about the vitamins, minerals, herbals or any other supplements you are taking, especially before elective surgery. You may be asked to stop taking these products at least 2-3 weeks ahead of the procedure to avoid potentially dangerous supplement/drug interactions -- such as changes in heart rate, blood pressure and increased bleeding - that could adversely affect the outcome of your surgery.
Not to be used during pregnancy, or if you are nursing:
Alkanet, Aloe, Angelica, Anise, Anise Star, Arnica, Ashwaganda, Barley Grass, Barberry, Basil, Bitter Melon, Black Cohosh, Bladderwrack, Blessed Thistle, Blood Root, Blue Cohosh, Blue Flag, Blue Vervain, Borage, Buckthorn, California Poppy, Cascara Sagrada, Catnip, Celandine, Celery, Chervil, Cinnamon, Club Moss, Comfrey, Coltsfoot, Cubeb, Dong Quai, Elecampane, Ephedra, False Unicorn, Fenugreek, Feverfew, Ginger, Golden Seal, Gravel, Guarana, Gymnema, Horehound, Horsetail, Hyssop, Juniper, Lemongrass, Licorice, Lobelia, Lovage, Lungwort, Mace, Motherwort, Mugwort, Muira Puama, Myrrh, Neem, Oregon Grape, Osha, Parsley, Pennyroyal, Pleurisy, Prickly Ash, Red Clover, Rhodiola, Rosemary, Rue, Sage, Sassafras, Sarsaparilla, Senna, Shepherds Purse, Spikenard, Turkey Rhubarb, Turmeric, Uva Ursi, Vitex, Watercress, White Sage, Wormwood, Yarrow
Not for persons with history of kidney stones, liver disorders, renal dysfunction or inflammation.
Cubeb, Essiac, Horsetail, Hydrangea, Juniper Berries, Kava Kava, Parsley Root, Pennyroyal, Sheep Sorrel, Shepherds Purse, Suma, Sumac, Uva Ursi, Yellowdock, Yohimbe
Not recommended for person currently taking blood thinning medications:
Alfalfa, Angelica, Cramp Bark, Cubeb, Dong Quai, Ginkgo, Meadowsweet, Red Clover, Sarsaparilla, Yohimbe
Not for persons with stomach inflammation/ulcers serious digestion and/or liver problems. May cause gastrointestinal upset:
Black Haw, Blue Flag, Chaparral, Club Moss, Crampbark, Devils Claw, Eucalyptus, Elecampane, Essiac, Gentian, Ginger, Licorice, Lobelia, Parsley Root, Pleurisy, Pygeum, Solomans Seal, Tribulus, Turmeric, Yohimbe
Not for long-term use:
Bilberry Leaf, Black Walnut, Blessed thistle, Borage, Cascara Sagrada, Comfrey, Coltsfoot, Chaparral, Elecampane, Ephedra, Flax, Horsetail, Gentian, Goldenseal, Guarana, Juniper berries, Licorice, Lobelia, Lungwort, Mullein, Nettle Root, Rhubarb, Sage, Sassafras, Sarsaparilla, Senna, Sheep Sorrel, Wild Cherry, Wormwood, Uva Ursi, Yohimbe
To be used only under the supervision of an expert qualified in the appropriate use of this substance:
Calamus, Horse Chestnut, Lobelia, Licorice, Mandrake, Poke, Tonka
Do not use if you have abdominal pain or diarrhea, discontinue if these occur. Consult health practitioner prior to use if pregnant, nursing, and taking medication or have a medical condition. Do not exceed recommended dose. Not for long term use:Aloe, Buckthorn, Cascara Sagrada, Senna, Turkey Rhubarb, Yohimbe
May cause photo toxicity in some individuals at high dosage. Avoid long exposure to sun if using internally:
Angelica, Celery Seed, Orange Peel, Rue, St. John's Wort
Seek advice from health practitioner prior to use if pregnant, nursing, have high blood pressure, heart or thyroid disease, diabetes, difficulty in urination due to prostate enlargement, or if taking mao inhibitor or other prescription drug. Reduce/discontinue use if nervousness, tremor, sleeplessness, loss of appetite or nausea occur. Do not exceed recommended dose. Keep out of reach of children:
Ephedra, St. John's Wort, Yohimbe
Seek advice from a health practitioner before use if you have/may have had kidney or liver disease. Discontinue use if nausea, fever, fatigue or jaundice (dark urine, yellow discoloration of eyes) should occur:
Statements made by Company have not been evaluated by the food and drug administration. The FDA Does not evaluate or test herbs. These products are not intended to diagnose, treat, cure or prevent any illness or disease. Consult with your physician for diagnosis or treatment. Use herbs as per instructions and always watch for any allergic reactions.
Effective June 5, 2015
Information Collection and Use
Information collected by BrainieX is stored in a single, secure database, accessible only by BrainieX. BrainieX collects information from our paying customers or other persons who use, attempt to use, or purchase BrainieX products or the services at several different points and from different sources, all or some of which may apply to you.
Use of Information
Information we collect is generally used for the following purposes:
Use of Data Collected
We use your personal, demographic and profile data to enhance your experience at our site and to enable us to present content we think you might be interested in. We use your contact information to send you information about our BrainieX and promotional material from our partners. We may also use your personal, demographic and profile data to improve our site, for statistical analysis, for marketing and promotional purposes, send SMS alerts or notification, and for editorial or feedback purposes for our advertisers. Information collected by us may be added to our databases and used for future telemarketing, SMS text-messaging, e-mails or postal mailings regarding site updates, new products and services, upcoming events, and/or status of orders placed online. By using this site, you agree that you may be contacted in any manner contemplated in this section even if your number is found on a do not call registry, in-house list or similar registry.
SMS Offering and Opt-out Rights
By completing or submitting a registration form or partial registration form you are consenting to receive SMS, wireless or other mobile offering to your cell phone. You understand that your wireless carrier's standard charges and rates apply to these messages. For SMS text messages, you may remove your information by replying "STOP", "END", or "QUIT" to the SMS text message you have received and we will remove your personal information within 10 days of receiving such request.
We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from member lists, analyzing data, providing marketing assistance, processing credit card payments, and providing member services. They have access to personal and Sensitive Information needed to perform their functions, but may not use it for other purposes.
Special Offers and Announcements
Active customers and former customers will occasionally receive information on products, services, special deals, and a newsletter.
BrainieX takes every precaution to protect our users and members Sensitive Information, both online and offline. Your Sensitive Information is password-protected for your privacy and security. Sensitive Information is encrypted and is protected online with the best encryption software in the industry - SSL.
Sensitive Information is also protected offline in our offices. Only employees who need the information to perform a specific job (for example, a billing clerk or member services representative) are granted access to Sensitive Information. Furthermore, all employees are kept up-to-date on our security practices and changes in those practices. Finally, the servers that we store Sensitive Information on are kept in a secure environment. If you have any questions about the security at our website, you can send an email to us using BrainieX online contact form
BrainieX forwards users and members to other sites. Please be aware that BrainieX is not responsible for the business and privacy practices of these other sites. We encourage you to be aware of this when you leave our site and to read the legal notices and privacy policies of each and every website you visit.
Correction/Updating Personal Information
If a member's personal information changes we will endeavor to provide a way to correct or update that members personal data provided to us. Visit our Customer Care section to update your information.
Notification of Changes
If we decide to change our Policy, we will post these changes on our Homepage or provide other notification of our revised Policy so our users and members are always aware of what information we collect, how we use it, and when we disclose it.
Children's Online Privacy Protection
BrainieX serves general users of the World Wide Web. We support and comply with the Childrens Online Protection Act (COPPA) and we do not knowingly collect information from children under the age of 13, nor do we share such information with third parties. Children under the age of 18 may use BrainieX only with the involvement of a parent or guardian.
Special Notification for California Residents, Your California Privacy Rights
Individual customers who reside in California and have provided their personal information to BrainieX may request information about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. Such requests must be submitted to us using BrainieX online contact form. Within thirty days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.