Terms of use

Welcome to Brain Vision LLC (“Brain Vision,” “we” or “us”). The following  Website Terms of Use set forth in the following section (the “WebsiteTerms”), together with the Product Terms and Conditions are important and affect your legal rights. Please read them carefully.

WEBSITE TERMS OF USE

1. Acceptance of Terms

By accessing or using the Brain Vision website located at https://www.brainvision.com/ and https://www.shopbrainvision.com (collectively, the “Site”) that links to these Website Terms, you agree to be bound by these Website Terms and any other terms incorporated herein by reference.

Note that Section 16 of these Website Terms contains a mandatory arbitration provision requiring the use of arbitration on an individual basis and limiting the remedies available to you in the event of certain disputes.

By accepting these Website Terms, you represent (i) that you are 18 years of age or older, (ii) that you have not been previously suspended or removed from the Site or engaged in any activity that could result in suspension or removal from the Site, and (iii) if you have accepted these Website Terms on behalf of any person or entity, that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Website Terms.

If you do not agree to every provision of these Website Terms, you may not access or use the Site, or order, receive, or use any products or services made available through the Site (collectively, the “Services”)

These Website Terms may be revised at any time for any reason, and Brain Vision may provide you notice of these changes by any reasonable means, including through the Site.  You can determine when we last updated the Site by referring to the “Last Updated” date at the top of these Website Terms.  By continuing to access or use the Site, or to order, receive or use the Services, you confirm your acceptance of the revised Website Terms and all the terms incorporated herein by reference.  We recommend that you periodically visit this page of the Site to review these Website Terms. If you do not agree to the revised Website Terms, you may not access or use the Site, or order, receive, or use Services made available through the Site.

2.  Registration

In order to access and use certain areas or features of the Site, you will need to register for an account.  Each registration is for a single user only.

By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account.  Your registration information may be changed by sending the changes to [email protected] If you provide information that is inaccurate or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site.

By creating an account, you also consent to receive electronic communications from Brain Vision (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including without limitation that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including without limitation newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

3. Payment and Billing Information

See “Invoicing and Payment“ in the Product Terms and Conditions.

4. Pricing and Availability

All prices are shown in U.S. dollars.  Applicable taxes and other charges, if any, are additional.  We reserve the right to adjust prices prior to sale as we may determine in our sole discretion, at any time and without notice.

All of our Services are subject to availability, and we reserve the right to reject all or part of an Order, or to discontinue certain Services, without prior notice.  We attempt to display as accurately as possible the colors and images that appear on the Site.  We cannot guarantee that your computer monitor’s display of any color will be accurate.

5. No Resale

You are not permitted to resell or otherwise use the Services for commercial purposes.

6. License to Access and Use the Site and Content

Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including without limitation the Brain Vision logo and all designs, text, graphics, pictures, information, data, software, User Content (as defined in Section 9 below), other files and the selection and arrangement thereof (collectively, “Content”) are the property of Brain Vision or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.

Subject to these Website Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Site and Content.  All rights not expressly granted herein are reserved.  You do not acquire any ownership interest in the Site or Content under these Website Terms, or any other rights thereto, other than to use the Site in accordance with the license granted and these Website Terms.

Such license is subject to these Website Terms and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Site or Content, except as expressly permitted by us, (f) use the Site to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Site or servers or networks used in connection with the Site; or (h) use the Site or Content other than for their intended purposes.

Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Website Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Brain Vision or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.

You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content.

7. Trademarks

The Brain Vision logo, and any other Brain Vision product or service names, trademarks, logos, or other indicia (“Marks”) that may appear on the Site or Services are the property of Brain Vision or its subsidiaries, affiliates or third parties, and may not be copied, imitated or used, in whole or in part, without our prior written permission.  Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Brain Vision or such third party that may own such Mark.  Your misuse of any such Mark, or any other Content, is strictly prohibited.

8. Legal Requirements; Privacy Statement

Brain Vision may disclose IP addresses, personal information, and any Site content if it believes in good faith that it is legally compelled to do so, including as necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process.  Please see our Privacy Statement located at http://www.shopbrainvision.com/terms_privacy.asp for additional information relating to the privacy and security of information collected hereunder.

9. Your Responsibility for User Content

You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Site.  In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Site.  IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE PUBLICLY AVAILABLE ANY PERSONAL INFORMATION OR OTHER INFORMATION, YOU DO SO AT YOUR OWN RISK AND BRAIN VISION SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR.

You agree that you will not, and will not permit anyone else to, directly or indirectly:

  • Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable.
  • Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including without limitation any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data.
  • Forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Site.

Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.

10. Our Rights to User Content

We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Site or to our pages or feeds on third party social media platforms (e.g., Brain Vision’s Facebook page, Instagram page or Twitter feed), you hereby grant Brain Vision a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including without limitation for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.  Notwithstanding the foregoing, Brain Vision will only share personal information that you provide in accordance with our Privacy Statement at http://www.shopbrainvision.com/terms_privacy.asp.

You acknowledge and agree that Brain Vision may disclose or use any User Content that you Transmit for purposes that include, but are not limited to: (a) enforcing these Website Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Brain Vision, its customers or the public.

11. Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Brain Vision, the Site, or our Services (collectively, “Feedback”).  Feedback is not confidential and shall become the sole property of Brain Vision.  Brain Vision shall own exclusive rights, including without limitation all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

12. Linked Sites

We may not have reviewed all of the websites linked to the Site and are not responsible for the content of any third-party pages, any other websites linked to the Site, or any products or services offered by third parties linked to the Site.  Nothing in the Site, including without limitation any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by Brain Vision.  Your choice to link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites.  Brain Vision reserves the right not to link, or to remove the link, to a particular website at any time.  Any links to third party websites are provided as a convenience to you and are neither owned nor operated by Brain Vision.  We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third party products or services.  Your viewing and use of any third-party websites is at your sole discretion and risk.

13. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, hold harmless and indemnify Brain Vision, its subsidiaries and affiliates, business partners, contractors, clients and service providers, and their respective officers, employees, agents and representatives (collectively, the “Brain Vision Parties”) from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from your use of the Site, Services, any User Content that you Transmit to or through the Site, any Feedback you provide, any violation of these Website Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site or the Services.  You further agree that Brain Vision shall have control of the defense or settlement of any third party claims.  This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Brain Vision.

14. Disclaimers

Except to the extent otherwise provided under “Warranties“ in the Product Terms and Conditions above:

THE SITE, THE CONTENT, AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER BRAIN VISION NOR THE BRAIN VISION PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE CONTENT; (C) USER CONTENT; (D) ANY PRODUCT OR SERVICE; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SITE.  IN ADDITION, THE BRAIN VISION PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE BRAIN VISION PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE, SERVICES OR THE SERVER THAT MAKES THE SITE AND SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING WITHOUT LIMITATION VIRUSES. THE BRAIN VISION PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE OR SERVICES IS ACCURATE, COMPLETE, OR USEFUL.  YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE BRAIN VISION PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE BRAIN VISION PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW A DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.

BY ACCESSING OR USING THE SITE AND SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE AND SERVICES.

THE BRAIN VISION PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

15.  Limitation of Liability; Waiver

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.  YOU ACKNOWLEDGE AND AGREE THAT, IN CONNECTION WITH YOUR PARTICIPATION IN OR USE OF THE SITE, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISK, FORESEEN AND UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES.  THESE INHERENT RISKS INCLUDE SERIOUS PROPERTY DAMAGE, PERSONAL INJURY AND DEATH.  BY USING THE SITE, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARTIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS.  YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH YOUR PARTICIPATION IN SUCH ACTIVITIES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE BRAIN VISION PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITE OR CONTENT (INCLUDING WITHOUT LIMITATION USER CONTENT AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE WEBSITE TERMS (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ANY BRAIN VISION PARTY, OR FROM EVENTS BEYOND THE BRAIN VISION PARTIES’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE BRAIN VISION PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE JOINT LIABILITY OF THE BRAIN VISION PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE AND THE ORDER, OR RECEIPT [OR USE] OF SERVICES PURCHASED FROM THE SITE EXCEED [THE AMOUNT PAID THEREFOR IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY]. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE THE BRAIN VISION PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE BRAIN VISION PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH BRAIN VISION FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE WEBSITE TERMS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

16. ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH BRAIN VISION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

YOU AND BRAIN VISION AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE WEBSITE TERMS SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.  Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing.  Arbitrators can award the same damages and relief under these Website Terms that a court could award under these Website Terms. You and Brain Vision agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address.  Brain Vision further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association.  You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Brain Vision are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Website Terms and the termination of your use of the Services.

REGARDLESS OF THE FORUM, YOU AND BRAIN VISION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Brain Vision agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

17. Modifications to the Site and Services

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof) or the provision of any Services at any time.

18. International Use

The Site is hosted in the United States and is intended for use by U.S. residents only.  All matters relating to the Site are governed exclusively by the laws the State of North Carolina and not the jurisdiction in which you are located.  If you are located outside of the United States and you contact us, please be advised that any information you provide to us will be transferred to the United States and that by submitting such information you explicitly authorize such transfer.

19. Termination

Notwithstanding anything contained in these Website Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site and to order or receive and use the Services, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us for Services received, to the fullest extent permitted by applicable law.

20. Governing Law and Jurisdiction

Brain Vision operates the Site from North Carolina.  These Website Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement, shall be governed by the laws of the State of North Carolina without reference to conflicts or choice of law provisions, as applicable to contracts made and performed entirely within such State.  The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in North Carolina, shall not apply.  Except as otherwise provided in Section 16, the exclusive forum for the resolution of any dispute relating to these Website Terms shall be in the state courts of North Carolina, U.S.A., or the United States District Court for the Eastern District of North Carolina and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Website Terms and agree to service of process on you by e-mail to the address you have submitted on the Site, if any, and by any other means permitted by law.

21. Notice

All notices, demands, or consents given by you under these Website Terms will be in writing and will be deemed given when delivered to Brain Vision at the following contact:  [email protected]  Any notices to you may be made via either e-mail or postal mail to the address in Brain Vision’s records or via posting on the Site.  Please report any violations of these Website Terms to Brain Vision at the contact listed above.

22. Severability

If any provision of these Website Terms is held invalid or unenforceable, that provision will be severable from these Website Terms and will not affect the validity or enforceability of any remaining part of that provision or of any other provision of these Website Terms.

23. Survival

Sections 2 through 24 (and the definitions of defined terms used therein) will survive the expiration or termination of these Website Terms and the termination of your Brain Vision account.

24. Miscellaneous

These Website Terms constitute the entire agreement between you and Brain Vision relating to your access to and use of the Site and your order, receipt and use of Services. These Website Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Brain Vision. No waiver of any provision of these Website Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Brain Vision’s failure to assert any right or provision under these Website Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Website Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Last Updated: June 29, 2018