The following terms and conditions govern all use of the https://brainworxmembers.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by BrainWorx International ("BrainWorx"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, BrainWorx's Privacy Policy) and procedures that may be published from time to time on this Site by BrainWorx International (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by BrainWorx International, acceptance is expressly limited to these terms. 

1. Payment and Renewal.

2.No Chargebacks - Since we have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Programs, Products, or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback. You acknowledge and agree that the terms of this Agreement and Company's termination and refund policies supersede the terms of use and refund policies of any third-party bank or payment processor used by the Company or You during this transaction. You will be responsible for any fees, including legal fees, incurred by the Company as a result of recouping payments owing under this Agreement.

3. Failed or Missed Payments - If payment is not received within seven (7) days from payment due date, without previous notification and agreement by Company, an additional late fee of $100 USD will be requested from You.

4. Responsibility of Website Visitors. BrainWorx International has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, BrainWorx International does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. BrainWorx International disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

5. GDPR Compliance. You agree and accept that BrainWorx will be using your personal data entered here to deliver the product or service you are purchasing and to communicate relevant information about the delivery of the product or service to you. In accepting this agreement you are indicating that you have read and accept our Privacy Policy and our Terms of Use.

6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which https://www.BrainWorxinc.com links, and that link to https://www.BrainWorxinc.com. BrainWorx International does not have any control over those non-BrainWorx International websites and webpages, and is not responsible for their contents or their use. By linking to a non-BrainWorx International website or webpage, BrainWorx International does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BrainWorx International disclaims any responsibility for any harm resulting from your use of non-BrainWorx International websites and webpages.

7. Copyright Infringement and DMCA Policy. As BrainWorx International asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by https://www.BrainWorxinc.com violates your copyright, you are encouraged to notify BrainWorx International in accordance with Digital Millennium Copyright Act ("DMCA") Policy. BrainWorx International will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. BrainWorx International will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of BrainWorx International or others. In the case of such termination, BrainWorx International will have no obligation to provide a refund of any amounts previously paid to BrainWorx International.

8. Intellectual Property. This Agreement does not transfer from BrainWorx International to you or any BrainWorx International or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BrainWorx International. Your use of the Website grants you no right or license to reproduce or otherwise use any BrainWorx International or third-party trademarks.

9. Advertisements. BrainWorx International reserves the right to display advertisements on your blog unless you have purchased an ad-free account.

10. Attribution. BrainWorx International reserves the right to display attribution links such as 'Blog at https://www.BrainWorxinc.com,' theme author, and font attribution in your blog footer or toolbar.

11. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.

12. Changes. BrainWorx International reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. BrainWorx International may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

13. Termination. BrainWorx International may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your https://www.BrainWorxinc.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by BrainWorx International if you materially breach this Agreement and fail to cure such breach within thirty (30) days from BrainWorx International's notice to you thereof; provided that, BrainWorx International can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. Disclaimer of Warranties. The Website is provided "as is". BrainWorx International and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither BrainWorx International nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

15. Use of Likeness. You agree and accept that BrainWorx is authorized to record, photograph, or otherwise capture Your likeness, voice, images, interviews, and statements made in connection with Your participation in the Program (except for private coaching sessions unless consent is given by you) for BrainWorx's own use. You hereby assign to BrainWorx all rights, title, and interest to have and to use, royalty free, any such likeness or portion of Your participation in the Program for advertising, marketing, documentary, informational, training, or any other lawful purpose.

16. BrainWorx Does Not Guarantee Results. BrainWorx is convinced You will derive great benefits from Your participation in the Program and is dedicated to helping You become as successful as You envision. However, BrainWorx does not guarantee or represent in any way that You or Your child or family will attain a certain level of results, changes, improvement, or any other metric of success, either in the short-term or long-term. You and Your child or family's success depends on many factors, including but not limited to Your personal participation, Your time commitment, how effectively You implement the strategies taught in the Program, Your efficiency in following through on each phase of the Program, attending weekly group meetings, attending private sessions if purchased, watching weekly training videos, performing daily exercises, following our coaching, and guiding your child and family through the program and demonstrating them the exercises. Your participation in this Program is an investment. None of the stories shared or examples used in BrainWorx's materials, on its website, or during its calls or events is a guarantee of any particular result or success. BrainWorx disclaims any express or implied promise or representation other than those contained in this Agreement

17. Confidentiality. You agree and accept that BrainWorx's methods, processes, and strategies taught in the Program are the sole and exclusive property of BrainWorx and constitute a confidential proprietary system that is protected by law, including but not limited to copyright, trademark, and trade secret law. BrainWorx's system includes all materials associated with the Program and the related Private Sessions, all strategies We teach, and all associated coaching advice. You agree not to duplicate, disseminate, distribute, or otherwise disclose any part for any reason to third parties unless such disclosure (i) is part of the Program, (ii) is required by valid legal process (whereby You agree and accept to provide prompt written notice of such legal process to BrainWorx so that We can take appropriate legal action to protect BrainWorx's interests), or (iii) concerns matters or materials that have lawfully become part of the public domain. You further agree and accept that any violation of the terms of this Section 5 will cause substantial and irreparable harm to BrainWorx and that BrainWorx is entitled to seek any form of legal redress available, which may include injunctive relief and substantial damages.

18. Limitation of Liability. In no event will BrainWorx International, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to BrainWorx International under this agreement during the twelve (12) month period prior to the cause of action. BrainWorx International shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

19. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the BrainWorx International Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

20. Indemnification. You agree to indemnify and hold harmless BrainWorx International, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

21. Arbitration Agreement. BrainWorx and You each agree and accept that any dispute arising out of or related to this Agreement or the Program shall be submitted to binding arbitration and heard by a single arbitrator. Arbitration shall be conducted on an individual basis and not on a class, representative, or consolidated basis. By agreeing to binding arbitration, BrainWorx and You are each giving up the right to have any claims against the other that already exists or may exist in the future considered by a court or a jury. The arbitrator shall be provided by JAMS, which makes its rules and terms of arbitration available at www.jamsadr.com, and shall be selected by mutual agreement. Either BrainWorx or You may initiate arbitration by giving written notice of arbitration to the other and filing a demand for arbitration with JAMS. If an arbitrator is not selected within 30 days of the date the demand for arbitration is filed, then JAMS is authorized to select a neutral and independent arbitrator, whose decision shall be final and conclusive. The arbitrator is authorized to issue any form of relief authorized by applicable law, including injunctive relief, declaratory relief, and damages. The prevailing party in any dispute shall be entitled to recover all costs and attorney's fees incurred in connection with arbitration (including any costs and attorney's fees incurred in court seeking to compel arbitration) to the fullest extent allowed by law. The arbitration shall be conducted in San Diego, California, unless otherwise required by law.