1. The Site
"The Site" shall mean all areas and any subscription or other paid products and services offered or available on the interactive online service which are owned, operated and/or offered by Lifestyle Products Group, LLC, Amen Publishing, Inc. and/or their respective affiliates (collectively “Lifestyle Products Group”) including this www.GetBrainBoost.com and www.GetMoodSupport.com site.
3. Modifications to the Site.
Lifestyle Products Group shall have the right at any time and from time to time to change or discontinue any aspect or feature of the Site including, but not limited to, the content, hours of availability, and equipment needed for access or use.
4. Copyrights, Trademarks and Other Proprietary Rights.
All trademarks appearing on the Site are the property of their respective owners, including, in some instances, Lifestyle Products Group, LLC, and/or affiliated companies. Daniel Amen and the Daniel Amen logo are registered trademarks ofAmen Publishing Inc. or an affiliated company and used under license by Lifestyle Products Group.
You may print or have printed by any third party any downloadable material contained on this Site provided that: (i) the material is solely for non-commercial and personal use; (ii) no copyright, author attribution, trademark, legend or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from the Site without the express written permission of Lifestyle Products Group and the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Lifestyle Products Group has carefully designed the Site with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the Site in any way that interferes with that purpose. In particular, Lifestyle Products Group prohibits any party from displaying the content on the Site in any format where third party advertising or other materials that Lifestyle Products Group did not authorize are viewed or viewable together with Lifestyle Product Group’s proprietary content.
The foregoing provisions of this Section 4 are for the benefit of Lifestyle Products Group, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.
5. Communications to the Site.
You hereby grant to Lifestyle Products Group a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicenseable non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display (in whole or in part) and/or to incorporate in other works in any form, media, or technology now known or later developed, all communications, including but not limited to all product reviews, remarks, submissions, ideas, concepts, pictures or other information that you transmit to this Site, whether by email, posting, uploading or otherwise.
6. Users Over 13
This Site is intended for use by individuals over the age of 13.
7. Prohibited Activity on the Site.
You agree not to use any device, software or routine to interfere with the proper functioning of the Site. You further agree not to use any software, tool, data, device or other mechanism to navigate or search the Site other than the search engine provided by Lifestyle Products Group or generally available browsers. You are solely responsible for the content and context of any materials or information you post or submit through the Site. You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which: (i) are unlawful, harmful, threatening, harassing or profane; (ii) restrict or inhibit any other user from using and enjoying the Site; (iii) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; (iv) solicit personal information of/from others (v) contain a virus or other harmful component; (vi) contain advertising of any kind; (vii) contain false or misleading indications of origin or statements of fact; (viii) include information you are not authorized to disclose (including trade secrets or inside information about a company); (ix) infringe any third-party rights, including rights under copyright, patent, trademark or trade secret, or any rights of privacy or publicity; (x) impersonate any person or entity, including, without limitation, any owner or manufacturer of any product; (xi) constitutes unsolicited or unauthorized solicitations, promotional materials or "junk mail"; or (xii) Lifestyle Products Group, in its sole direction, otherwise determines to be offensive. Lifestyle Products Group reserves the right to preserve any material it receives from you and will fully cooperate with any law enforcement authorities or court order requesting or directing Lifestyle Products Group to disclose the identity of, help identify, or locate anyone transmitting any such content.
8. Monitoring; Copyright Complaints.
Lifestyle Products Group may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify Lifestyle Products Group by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Lifestyle Products Group to locate the material;
- Information reasonably sufficient to permit Lifestyle Products Group to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send the written communication to the following address:
Lifestyle Products Group, LLC
8260 Willow Oaks Corporate Drive, Ste. 500
Fairfax, VA 22031
Attn: General Counsel
OR Fax to:
Attn: General Counsel
If you wish to send us a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, the notification must have the following:
- Detailed identification of the material, with enough information to locate the material.
- Information to allow Lifestyle Products Group to contact you directly [(Email address is preferred.)]
- A statement made, under penalty of perjury, that you in good faith believe that the use of the material in question was identified as a copyright violation as a result of mistake or misidentification, including detailed reasons of why you believe this;
- An electronic or physical signature (your full legal name), address, and telephone number, along with a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if you are located outside the United States, for the Federal District Court located in Alexandria, Virginia, and that you will accept service of process from the person or agent of such person who provided the initial notification.
Send the written communication to the following address:
Lifestyle Products Group, LLC
8260 Willow Oaks Corporate Drive, Ste. 500
Fairfax, VA 22031
Attn: General Counsel
OR Fax to:
Attn: General Counsel
9. Your Obligations.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. You shall provide Lifestyle Products Group with accurate, complete and updated information about you at the time of registration. You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Site and all charges related thereto. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of the items on the Site.
10. Third Party Sites.
11. Disclaimer of Warranty; Limitation of Liability.
(b) THE SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(c) THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 11 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT LIFESTYLE PRODUCTS GROUP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(d) IN NO EVENT WILL LIFESTYLE PRODUCTS GROUP OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, DISPLAYING, OR DISTRIBUTING THE SITE BE LIABLE TO USERS OF THE SITE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 11 SHALL APPLY TO ALL CONTENT ON THE SITE. LIFESTYLE PRODUCTS GROUP’S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO LIFESTYLE PRODUCTS GROUP BY YOU.
(e) LIFESTYLE PRODUCTS GROUP NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE BY ANYONE OTHER THAN AUTHORIZED LIFESTYLE PRODUCTS GROUP EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL LIFESTYLE PRODUCTS GROUP BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE. 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.
(f) EXCEPT AS EXPRESSLY STATED HEREIN OR ELSEWHERE ON THE SITE, LIFESTYLE PRODUCTS GROUP DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LIFESTYLE PRODUCTS GROUP MAKES PRODUCTS OR SERVICES AVAILABLE ON THE SITE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. IN NO EVENT WILL LIFESTYLE PRODUCTS GROUP, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE. LIFESTYLE PRODUCTS GROUP' LIABILITY TO YOU, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO LIFESTYLE PRODUCTS GROUP BY YOU.
Lifestyle Products Group shall have the right to immediately terminate this Agreement with respect to any user that Lifestyle Products Group, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
14. Special Terms and Conditions for Products Offered in a Series.
Certain products offered by Lifestyle Products Group consist of series. The following terms and conditions shall apply in the event that you order any product that is part of a series offered by Lifestyle Products Group on the Site (a "Series"):
(a) The Series will automatically continue to be sent to you until Lifestyle Products Group receives notification of termination from you. You authorize Lifestyle Products Group to charge to the credit card account designated during the registration process the current fees and charges for each shipment according to the terms of the Series chosen by you. Your credit card will be charged upon shipment.
(b) Lifestyle Products Group shall have the right at any time to impose, change, or modify its fees and billing methods, or other terms and conditions applicable to your participation in the Series or to impose new terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site or notification by electronic or conventional mail. If any such change is unacceptable to you, your sole remedy shall be to terminate your subscription to the Series. Any acceptance of a product in a Series by you after such notice shall conclusively be deemed to constitute acceptance by you of such changes, modifications, additions, or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software, or services.
15. Additional Terms and Conditions for Certain Products.
With respect to products and services offered for sale by Lifestyle Products Group and third parties through the Site (including Series products), additional terms and conditions, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies, and applicable privacy policies, may be set forth on the screen where you make the purchase. All orders are subject to availability of products and acceptance of orders by Lifestyle Products Group. Lifestyle Products Group reserves the right to reject any order and to limit quantities. Lifestyle Products Group does not warrant that product descriptions, prices, or other content on the Site is accurate, complete, reliable, current, or error free. Lifestyle Products Group has no obligation to honor incorrect pricing or other information, whether resulting from typographical errors or otherwise. If a product offered on the Site is not as described, the sole remedy is to return it for a refund.
16. Terms and Conditions for Referral Programs.
We may from time to time offer you the opportunity to earn rewards by referring friends to try our products ("Referral Program"). Participation in a Referral Program may require you to submit personal information about you and your friends, such as name and email address. By participating in a Referral Program, you agree to receive communications from Lifestyle Products Group, and/or from our trusted partners that operate and maintain the Referral Program, with regards to your participation in the Referral Program. The following guidelines shall apply to your participation in any Referral Program:
Rewards are limited to one per user.
- You may not submit multiple email addresses in an attempt to earn a reward or an additional reward.
- You may not participate in a Referral Program where doing so would be prohibited by any applicable law or regulations.
- Your eligibility to earn a reward will be based on your ability to make referrals that result in new Environment users. Referrals to existing Environment users will not count towards your eligibility to earn a reward.
- Credit for referrals can only be given out for those referrals who participate using their unique referral link.
- You may not use Spam to obtain referrals. You may not acquire referrals through unsolicited email to persons unknown to you or through usenet or message board postings, where the postings are unrelated to the topic of discussion or otherwise violate the terms of the site.
- Users may not post information on a website, forum, or auction that has to do with trading, selling or buying referrals.
- Lifestyle Products Group does not guarantee delivery time on any rewards earned, nor does it guarantee receipt of any rewards.
17. Governing Law; Forum for Disputes.