BRAINEDGE TERMS AND CONDITIONS
Welcome to brainedge.net and thank you for considering our products.brainedge.net will provide our goods and services to you subject to the following terms and conditions. Please read this information carefully before placing any orders. You will be asked if you understand and agree to the terms and conditions of the brainedge.net Terms of Sales and Service ("Agreement"). By checking the "Order Now" button you agree to the terms and conditions of this agreement which, along with the consideration of the mutual promises you and we make to each other, then becomes a binding contract between you and Brain Edge.
1. Arbitration Agreement
You and 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 relating to our web site, the services provided through our web site, any transaction or relationship between us resulting from your use of our web site, communications between us, or the purchase, order, or use of services and/or products, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration, except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction. You and further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court. 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. The arbitration will be administered by the American Arbitration Association ("AAA"), and conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. If you initiate arbitration, will promptly reimburse you for any standard filing fee which may have been required under AAA's Procedures once you have notified in writing and provided a copy of the arbitration proceedings. However, if is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to , including the filing fee.
Class Action Waiver
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 and may not preside over any kind of representative or class proceeding against . 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 CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST 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, NOT USE THE PRODUCT OR WEB SITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.
2. Intended for Users Over 18 Years of Age:
The brainedge.net web site is intended only for use by individuals 18 years of age or older. If you have not yet attained the age of 18 please leave this site immediately.
3. Refund Policy:
If you are unhappy with product for any reason, Brain Edge offers a refund for the most recent product purchased within the last 30 days (S&H charges are non-refundable).
To qualify for a 30 day refund, customers must do the following:
-Call 877-219-6619 (24/7) or email us at email@example.com and Request an RMA number.
-Mail back your bottle (unopened or opened) to our fulfillment center.
- We STRONGLY RECOMMEND that when you return your product via a Postal Carrier, that you receive a tracking number and a receipt from your postal carrier.
-Package must be postmarked within 30 days of initial order.
-Include the RMA number clearly written on the package.
Please ship to the following address:
Brain Edge Returns
PO Box 25380
Santa Ana, CA 92799
Note: Packages without an RMA number will NOT be accepted or issued a refund. After the fulfillment center has received the package with a valid RMA number, and the order is processed within 3-5 business days, a refund will be issued. All shipping and handling charges are non refundable.
It does take some time for your bank to post the refund to your account. Please allow 10 business days for your refund to appear on your bank statement. If you have questions about a refund that has been issued, please call customer care at 877-219-6619.
4. Shipping Policy:
Order details are processed 24 hours after customer inputs their order and the initial charge is accepted. This is done to ensure the accuracy of the address and give time for customers or Brain Edge Customer Service to contact the customer if the address comes back incorrect form our fulfillment center. Including processing and handling, the most customers should expect a USPS shipping time of (1) to five (5) business days.
brainedge.net SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY brainedge.net IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, brainedge.net DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. brainedge.net DOES NOT MAKE ANY WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY brainedge.net WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES brainedge.net MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY brainedge.net OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY brainedge.net. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY brainedge.net IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. brainedge.net DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM ANY SERVICE OFFERED BY brainedge.net OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY brainedge.net. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM brainedge.net OR THROUGH ANY SERVICE OFFERED BY brainedge.net SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability:
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL brainedge.net OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY PRODUCT OR SERVICE OFFERED BY brainedge.net, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY brainedge.net, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF brainedge.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT brainedge.net SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY brainedge.net. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY brainedge.net YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITH ONLY A REFUND FOR THE LAST PURCHASE MADE WITHIN 30 DAYS OF THE REQUESTED REFUND.
7. Force Majeur:
Brain Edge shall not be liable for delays or nonperformance of this Agreement caused by strike, fire or accidents, nor shall either party be liable for delay or nonperformance caused by lack of availability of materials, fuel or utilities or for any other cause beyond its control.
You may not assign Your rights or obligations under this Agreement without our prior written consent.
9. Term of Agreement:
Either party may terminate this Agreement at any time for any reason or for no reason.
We reserve the right to modify this Agreement at any time by sending you an email notification. If you do not agree with the modification to this Agreement your sole remedy is to cease doing business with us.
All notices to us under this Agreement shall be in writing and shall be delivered: a) personally; b) by express overnight courier; or c) by USPS, registered or certified, return receipt requested, postage prepaid to the address above, unless specified otherwise below. Notices shall be deemed received on the date of personal delivery, the date of actual receipt as indicated on the delivery notice or return receipt or the date the receipt is refused; whichever is earlier.
If any provision, or portion thereof, of this Agreement is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, you understand and agree that such invalidity shall not affect the validity of the remaining portions of the Agreement and understand and agree that we may substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.
13. Section Titles:
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
14. Entire Agreement:
This Agreement sets forth the entire agreement between the parties. You acknowledge and agree that you have reviewed this Agreement in its entirety, and every part thereof, and that you understand the Agreement. You further acknowledge and agree that you have had the opportunity to review this Agreement and otherwise consult with your independent counsel as to the Agreement.
15. Electronic Signatures:
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY US. FURTHER, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY STATUTES, REGULATIONS, RULES, ORDINANCES OR OTHER LAWS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS.
16. Governing Law:
This agreement is governed by and shall be construed in accordance with the laws of the State of Nevada.