Terms of service

INTRODUCTION

THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) GOVERN YOUR USE OF, ACCESS TO, AND PURCHASE OF PRODUCTS OR SERVICES FROM OUR ONLINE AND MOBILE WEBSITES, PLATFORMS, AND APPLICATIONS OWNED AND OPERATED BY BRAINLUXURY, INC. (“BRAINLUXURY,” “WE,” “US,” OR “OUR”), INCLUDING WITHOUT LIMITATION, WWW.BRAINLUXURY.COM (COLLECTIVELY, OUR “WEBSITE”). BY USING OUR WEBSITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY ALL OF THE TERMS CONTAINED BELOW, ALONG WITH THE TERMS AND CONDITIONS AS STATED IN OUR PRIVACY POLICY (PLEASE REFER TO THE PRIVACY POLICY SECTION BELOW FOR MORE INFORMATION).

WE RESERVE THE RIGHT TO CHANGE THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. THE DATE OF THE LATEST VERSION OF THESE TERMS IS INDICATED AT THE END OF THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS PERIODICALLY TO FAMILIARIZE YOURSELF WITH ANY MODIFICATIONS. YOUR CONTINUED USE OF OUR WEBSITE AFTER SUCH MODIFICATIONS WILL CONSTITUTE ACKNOWLEDGMENT AND AGREEMENT OF THE MODIFIED TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT ACCESS OUR WEBSITE AND DO NOT PURCHASE OUR PRODUCTS OR SERVICES.

 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE

RESPONSIBLE USE AND CONDUCT

BY VISITING OUR WEBSITE AND ACCESSING AND USING THE INFORMATION, RESOURCES, SERVICES, AND TOOLS WE PROVIDE FOR YOU, AND PURCHASING OUR PRODUCTS OR SERVICES, EITHER DIRECTLY OR INDIRECTLY (OUR “RESOURCES”), YOU AGREE TO USE THESE RESOURCES ONLY FOR THE PURPOSES INTENDED AS PERMITTED BY (A) THESE TERMS, AND (B) APPLICABLE LAWS, REGULATIONS AND GENERALLY ACCEPTED ONLINE PRACTICES OR GUIDELINES.

YOU FURTHER UNDERSTAND THAT:

• IN ORDER TO ACCESS OUR RESOURCES, YOU MAY BE REQUIRED TO PROVIDE CERTAIN PERSONAL INFORMATION ABOUT YOURSELF (SUCH AS IDENTIFICATION, CONTACT DETAILS, ETC.) AS PART OF A REGISTRATION PROCESS, AS PART OF YOUR ABILITY TO USE THE RESOURCES, OR YOUR ABILITY TO BUY OUR PRODUCTS OR SERVICES. YOU AGREE THAT ANY INFORMATION YOU PROVIDE WILL ALWAYS BE ACCURATE, CORRECT, AND UP TO DATE.

• YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY LOGIN INFORMATION ASSOCIATED WITH ANY ACCOUNT YOU USE TO ACCESS OUR RESOURCES. ACCORDINGLY, YOU ARE RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT(S).

• ACCESSING (OR ATTEMPTING TO ACCESS) ANY OF OUR RESOURCES BY ANY MEANS OTHER THAN THROUGH THE MEANS WE PROVIDE, IS STRICTLY PROHIBITED. YOU SPECIFICALLY AGREE NOT TO ACCESS (OR ATTEMPT TO ACCESS) ANY OF OUR RESOURCES THROUGH ANY AUTOMATED, UNETHICAL OR UNCONVENTIONAL MEANS.

• ENGAGING IN ANY ACTIVITY THAT DISRUPTS OR INTERFERES WITH OUR RESOURCES, INCLUDING THE SERVERS AND/OR NETWORKS TO WHICH OUR RESOURCES ARE LOCATED OR CONNECTED, IS STRICTLY PROHIBITED.

• ATTEMPTING TO COPY, DUPLICATE, REPRODUCE, SELL, TRADE, OR RESELL OUR RESOURCES IS STRICTLY PROHIBITED.

• YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES, LOSSES, OR DAMAGES THAT WE MAY DIRECTLY OR INDIRECTLY INCUR OR SUFFER DUE TO ANY UNAUTHORIZED ACTIVITIES CONDUCTED BY YOU, AS EXPLAINED ABOVE, AND MAY INCUR CRIMINAL OR CIVIL LIABILITY.

• WE DO NOT ASSUME ANY LIABILITY FOR ANY CONTENT POSTED BY YOU OR ANY OTHER 3RD PARTY USERS OF OUR WEBSITE. HOWEVER, ANY CONTENT POSTED BY YOU USING ANY OPEN COMMUNICATION TOOLS ON OUR WEBSITE, PROVIDED THAT IT DOESN’T VIOLATE OR INFRINGE ON ANY 3RD PARTY COPYRIGHTS OR TRADEMARKS, BECOMES THE PROPERTY OF BRAINLUXURY, AND AS SUCH, GIVES US A PERPETUAL, IRREVOCABLE, WORLDWIDE, ROYALTY-FREE, EXCLUSIVE LICENSE TO REPRODUCE, MODIFY, ADAPT, TRANSLATE, PUBLISH, PUBLICLY DISPLAY AND/OR DISTRIBUTE AS WE SEE FIT. THIS ONLY REFERS AND APPLIES TO CONTENT POSTED VIA OPEN COMMUNICATION TOOLS AS DESCRIBED, AND DOES NOT REFER TO INFORMATION THAT IS PROVIDED AS PART OF ANY REGISTRATION PROCESS, NECESSARY IN ORDER TO USE OUR RESOURCES. ALL INFORMATION PROVIDED AS PART OF OUR REGISTRATION PROCESS IS COVERED BY OUR PRIVACY POLICY.

• WE MAY PROVIDE VARIOUS OPEN COMMUNICATION TOOLS ON OUR WEBSITE, SUCH AS BLOG COMMENTS, BLOG POSTS, PUBLIC CHAT, FORUMS, MESSAGE BOARDS, NEWSGROUPS, PRODUCT RATINGS AND REVIEWS, VARIOUS SOCIAL MEDIA SERVICES, ETC. (“YOUR SUBMISSIONS”). YOU UNDERSTAND THAT GENERALLY WE DO NOT PRE-SCREEN OR MONITOR THE CONTENT POSTED BY USERS OF THESE VARIOUS COMMUNICATION TOOLS, WHICH MEANS THAT IF YOU CHOOSE TO USE THESE TOOLS TO SUBMIT ANY TYPE OF CONTENT TO OUR WEBSITE, THEN IT IS YOUR PERSONAL RESPONSIBILITY TO USE THESE TOOLS IN A RESPONSIBLE AND ETHICAL MANNER. BY POSTING INFORMATION OR OTHERWISE USING ANY OPEN COMMUNICATION TOOLS AS MENTIONED, YOU AGREE THAT YOU WILL NOT UPLOAD, POST, SHARE, OR OTHERWISE DISTRIBUTE ANY CONTENT THAT:

IS ILLEGAL, THREATENING, DEFAMATORY, ABUSIVE, HARASSING, DEGRADING, INTIMIDATING, FRAUDULENT, DECEPTIVE, INVASIVE, RACIST, OR CONTAINS ANY TYPE OF SUGGESTIVE, INAPPROPRIATE, OR EXPLICIT LANGUAGE; INFRINGES ON ANY TRADEMARK, PATENT, TRADE SECRET, COPYRIGHT, OR OTHER PROPRIETARY RIGHT OF ANY PARTY; CONTAINS ANY TYPE OF UNAUTHORIZED OR UNSOLICITED ADVERTISING; OR IMPERSONATES ANY PERSON OR ENTITY, INCLUDING ANY BRAINLUXURY EMPLOYEES OR REPRESENTATIVES.

WE HAVE THE RIGHT AT OUR SOLE DISCRETION TO REMOVE ANY CONTENT THAT, WE FEEL IN OUR JUDGMENT DOES NOT COMPLY WITH THESE TERMS, ALONG WITH ANY CONTENT THAT WE FEEL IS OTHERWISE OFFENSIVE, HARMFUL, OBJECTIONABLE, INACCURATE, OR VIOLATES ANY 3RD PARTY COPYRIGHTS OR TRADEMARKS. WE ARE NOT RESPONSIBLE FOR ANY DELAY OR FAILURE IN REMOVING SUCH CONTENT. IF YOU POST CONTENT THAT WE CHOOSE TO REMOVE, YOU HEREBY CONSENT TO SUCH REMOVAL, AND CONSENT TO WAIVE ANY CLAIM AGAINST US. WHEN YOU PROVIDE YOUR SUBMISSIONS ON OUR WEBSITE, YOU GRANT TO BRAINLUXURY A NON-EXCLUSIVE, ROYALTY-FREE, FULLY PAID, PERPETUAL, WORLDWIDE, IRREVOCABLE AND FULLY SUB-LICENSABLE AND TRANSFERABLE (IN WHOLE OR IN PART) LICENSE UNDER ALL COPYRIGHTS, TRADEMARKS, PRIVACY AND PUBLICITY RIGHTS YOU OWN OR CONTROL TO: (I) USE, REPRODUCE, TRANSMIT, MODIFY, INDEX, ADAPT, PUBLISH, TRANSLATE, DISTRIBUTE, DISPLAY AND OTHERWISE EXPLOIT SUCH CONTENT THROUGHOUT THE WORLD IN ANY MEDIA, WHETHER NOW KNOWN OR HEREAFTER INVENTED, INCLUDING FOR ANY AND ALL PURPOSES, INCLUDING COMMERCIAL OR MARKETING PURPOSES, ALL WITHOUT FURTHER NOTICE TO YOU, WITH OR WITHOUT ATTRIBUTION, AND WITHOUT THE REQUIREMENT OF ANY PERMISSION FROM OR PAYMENT TO YOU OR ANY OTHER PERSON OR ENTITY, AND (II) TO USE YOUR NAME, PERSONA OR LIKENESS ALONE OR IN CONNECTION WITH SUCH USES, WITHOUT ANY OBLIGATION OR REMUNERATION TO YOU.

NOT HEALTHCARE ADVICE

OUR WEBSITE IS NOT INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE RESOURCES, INCLUDING OUR PRODUCTS AND SERVICES, PROVIDED ON AND THROUGH OUR WEBSITE, INCLUDING INFORMATION THAT MAY BE PROVIDED ON OUR WEBSITE DIRECTLY OR VIA LINKING TO THIRD-PARTY SITES BY A HEALTHCARE OR NUTRITION PROFESSIONAL, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL (COLLECTIVELY, “HEALTHCARE PROFESSIONAL”) REGARDING ANY MEDICAL OR HEALTH-RELATED DIAGNOSIS OR TREATMENT OPTIONS.

YOU SHOULD ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL, AND CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURER OF A PRODUCT AND ON OR IN ANY PRODUCT LABEL OR PACKAGING, BEFORE USING ANY MEDICATION OR NUTRITIONAL, HERBAL OR HOMEOPATHIC PRODUCT; BEFORE STARTING ANY DIET OR EXERCISE PROGRAM; OR BEFORE ADOPTING ANY TREATMENT FOR A HEALTH PROBLEM. EACH PERSON IS DIFFERENT, AND THE WAY YOU REACT TO A PARTICULAR PRODUCT MAY BE SIGNIFICANTLY DIFFERENT FROM THE WAY OTHER PEOPLE REACT TO SUCH PRODUCT. YOU SHOULD ALSO CONSULT YOUR HEALTHCARE PROFESSIONAL REGARDING ANY INTERACTIONS BETWEEN ANY MEDICATION YOU ARE CURRENTLY TAKING AND OUR PRODUCTS.

BRAINLUXURY EMPLOYEES, CONSULTANTS AND AGENTS MAY PUBLICLY DESCRIBE THEIR EXPERIENCES WITH SPECIFIC BRAINLUXURY PRODUCTS. ANY COMMENTS MADE BY SUCH EMPLOYEES, CONSULTANTS AND AGENTS THAT ARE NOT ENDORSED SPECIFICALLY BY BRAINLUXURY ARE STRICTLY THEIR OWN PERSONAL VIEWS MADE IN THEIR PERSONALLY CAPACITY. THESE COMMENTS ARE NOT CLAIMS MADE BY BRAINLUXURY NOR DO THEY REPRESENT THE VIEW OR POSITION OF BRAINLUXURY.

PRIVACY

YOUR PRIVACY IS VERY IMPORTANT TO US, WHICH IS WHY WE’VE CREATED A SEPARATE PRIVACY POLICY IN ORDER TO EXPLAIN IN DETAIL HOW WE COLLECT, USE, SHARE, SECURE, AND STORE YOUR PRIVATE INFORMATION. OUR PRIVACY POLICY IS INCLUDED UNDER THE SCOPE OF THESE TERMS. TO READ OUR PRIVACY POLICY IN ITS ENTIRETY, CLICK HERE.

LIMITATION OF WARRANTIES

BY USING OUR WEBSITE, YOU UNDERSTAND AND AGREE THAT ALL RESOURCES WE PROVIDE ARE “AS IS” AND “AS AVAILABLE.” BRAINLUXURY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF OUR RESOURCES AVAILABLE ON THIS WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

THIS MEANS THAT WE DO NOT REPRESENT OR WARRANT TO YOU THAT THE:

• USE OF OUR RESOURCES WILL MEET YOUR NEEDS OR REQUIREMENTS.

• USE OF OUR RESOURCES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS.

• INFORMATION OBTAINED BY USING OUR RESOURCES WILL BE ACCURATE OR RELIABLE, AND

• DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY RESOURCES WE PROVIDE WILL BE REPAIRED OR CORRECTED. FURTHERMORE, YOU UNDERSTAND AND AGREE THAT:

• ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED USING OUR RESOURCES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICES FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH CONTENT.

• NO INFORMATION OR ADVICE, WHETHER EXPRESSED, IMPLIED, ORAL OR WRITTEN, OBTAINED BY YOU FROM BRAINLUXURY OR THROUGH ANY RESOURCES WE PROVIDE SHALL CREATE ANY WARRANTY, GUARANTEE, OR CONDITIONS OF ANY KIND, EXCEPT FOR THOSE EXPRESSLY OUTLINED IN THESE TERMS.

LIMITATION OF LIABILITY

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW AND IN CONJUNCTION WITH THE LIMITATION OF WARRANTIES AS EXPLAINED ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST US SHALL BE LIMITED TO THE LESSER OF $100 OR THE AMOUNT YOU PAID, IF ANY, FOR THE USE OR PURCHASE OF OUR PRODUCTS AND/OR SERVICES. BRAINLUXURY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF USING OR PURCHASING OUR RESOURCES, OR AS A RESULT OF ANY CHANGES, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS, OR DOWNTIME, WHETHER FORESEEABLE OR NOT, AND EVEN IF BRAINLUXURY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS OR DISPUTES INVOLVING US THAT ARE NOT WAIVED BY THESE TERMS WILL BE TO DISCONTINUE YOUR USE OF OUR WEBSITE AND TO SEEK A REFUND OF THE MONEY YOU PAID TO US, CAPPED IN ACCORDANCE WITH THE PRIOR PARAGRAPH.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS BRAINLUXURY AND AFFILIATES, AND THEIR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, DONORS, AGENTS, AND LICENSORS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM (I) ANY VIOLATION OF THESE TERMS OR THE FAILURE TO FULFILL ANY OBLIGATIONS RELATING TO YOUR ACCOUNT INCURRED BY YOU OR ANY OTHER PERSON USING YOUR ACCOUNT; OR (II) YOUR USE OF OUR RESOURCES, INCLUDING OUR PRODUCTS OR SERVICES. WE RESERVE THE RIGHT TO TAKE OVER THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THESE TERMS. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS IS REASONABLY REQUESTED BY US. YOU MAY NOT SETTLE ANY CLAIM COVERED BY THIS INDEMNIFICATION PROVISION OR ADMIT ANY LIABILITY ON THE PART OF BRAINLUXURY WITHOUT THE COMPANY’S PRIOR WRITTEN APPROVAL.

COPYRIGHTS/TRADEMARKS

ALL CONTENT AND MATERIALS AVAILABLE ON OUR WEBSITE, INCLUDING BUT NOT LIMITED TO TEXT, GRAPHICS, SITE NAME, CODE, IMAGES AND LOGOS ARE THE INTELLECTUAL PROPERTY OF BRAINLUXURY, AND ARE PROTECTED BY APPLICABLE COPYRIGHT AND TRADEMARK LAW. ANY INAPPROPRIATE USE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION, DISTRIBUTION, DISPLAY OR TRANSMISSION OF ANY CONTENT ON OUR WEBSITE IS STRICTLY PROHIBITED, UNLESS SPECIFICALLY AUTHORIZED BY BRAINLUXURY.

TERMINATION OF USE

YOU AGREE THAT WE MAY, AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE YOUR ACCESS TO ALL OR PART OF OUR WEBSITE AND RESOURCES WITH OR WITHOUT NOTICE AND FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, BREACH OF THESE TERMS. ANY SUSPECTED ILLEGAL, FRAUDULENT OR ABUSIVE ACTIVITY MAY BE GROUNDS FOR TERMINATING YOUR RELATIONSHIP AND MAY BE REFERRED TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES. UPON SUSPENSION OR TERMINATION, YOUR RIGHT TO USE THE RESOURCES WE PROVIDE WILL IMMEDIATELY CEASE, AND WE RESERVE THE RIGHT TO REMOVE OR DELETE ANY INFORMATION THAT YOU MAY HAVE ON FILE WITH US, INCLUDING ANY ACCOUNT OR LOGIN INFORMATION.

GOVERNING LAW

OUR WEBSITE IS CONTROLLED BY BRAINLUXURY FROM OUR OFFICES LOCATED IN THE STATE OF NEW YORK, USA. IT CAN BE ACCESSED BY MOST COUNTRIES AROUND THE WORLD. AS EACH COUNTRY HAS LAWS THAT MAY DIFFER FROM THOSE OF NEW YORK,, BY ACCESSING OUR WEBSITE, YOU AGREE THAT THE STATUTES AND LAWS OF NEW YORK, WITHOUT REGARD TO THE CONFLICT OF LAWS AND THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALES OF GOODS, WILL APPLY TO ALL MATTERS RELATING TO THE USE OF OUR WEBSITE AND THE PURCHASE OF ANY PRODUCTS OR SERVICES THROUGH IT. FURTHERMORE, ANY ACTION TO ENFORCE THESE TERMS SHALL BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN NEW YORK CITY, NEW YORK,, USA. YOU HEREBY AGREE TO PERSONAL JURISDICTION BY SUCH COURTS, AND WAIVE ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS.

GUARANTEE

UNLESS OTHERWISE EXPRESSED, BRAINLUXURY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ENTIRE AGREEMENT; SEVERABILITY; NO WAIVER

THESE TERMS, TOGETHER WITH OUR PRIVACY POLICY AND ANY POLICIES THAT WE POST ON OUR WEBSITE, CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND BRAINLUXURY WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS AND SUPERSEDE ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS, WHETHER ORAL OR WRITTEN, BETWEEN YOU AND BRAINLUXURY WITH RESPECT TO SUCH SUBJECT MATTER. IF ANY PROVISION OF THESE TERMS IS DEEMED UNLAWFUL, VOID OR UNENFORCEABLE, THE REMAINING PROVISIONS WILL REMAIN IN PLACE AND THE INVALIDATED PROVISION WILL BE DEEMED REPLACED BY AN ENFORCEABLE PROVISION THAT MOST CLOSELY REFLECTS THE INTENT OF YOU AND BRAINLUXURY.

OUR FAILURE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION IN THESE TERMS WILL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION OR ANY OTHER RIGHTS OR PROVISIONS INCLUDED WITHIN THE TERMS.

PRODUCTS FOR PERSONAL USE

THE PRODUCTS AVAILABLE ON OUR WEBSITE, AND ANY SAMPLES WE MAY PROVIDE TO YOU, ARE FOR PERSONAL USE ONLY. YOU MAY NOT SELL OR RESELL ANY OF THE PRODUCTS OR SAMPLES YOU PURCHASE OR OTHERWISE RECEIVE FROM US. BY PURCHASING ANY PRODUCT THROUGH US, YOU AGREE NOT TO OFFER THE PRODUCTS OR SAMPLES FOR RESALE. WE RESERVE THE RIGHT, WITH OR WITHOUT NOTICE, TO CANCEL OR REDUCE THE QUANTITY OF ANY ORDER TO BE FILLED OR PRODUCTS TO BE PROVIDED TO YOU THAT WE BELIEVE, IN OUR SOLE DISCRETION, MAY RESULT IN THE VIOLATION OF THESE TERMS.

ORDER ACCEPTANCE

PLEASE NOTE THAT THERE MAY BE CERTAIN ORDERS THAT WE ARE UNABLE TO ACCEPT AND MUST CANCEL. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO REFUSE OR CANCEL ANY ORDER FOR ANY REASON.

SHIPPING AND HANDLING

TITLE TO PRODUCTS WILL BE SHIPPED FOB DESTINATION. YOU ARE SOLELY RESPONSIBLE FOR PROVIDING US WITH ACCURATE SHIPPING INFORMATION AND A VALID PHONE NUMBER OR EMAIL ADDRESS. WE DO NOT SHIP TO PO BOXES. IN THE EVENT THAT ANY PRODUCT IS RETURNED TO US AS A RESULT OF YOUR FAILURE TO PROVIDE US WITH ACCURATE SHIPPING INFORMATION, YOU SHALL BE RESPONSIBLE FOR ANY ADDITIONAL SHIPPING FEES OR OTHER CHARGES THAT MAY BE APPLIED TO THE RETURN OF THE PRODUCT TO US OR IN RE-SENDING THE PRODUCT TO YOU.

PLEASE NOTE THAT REFUNDS WILL NOT BE ISSUED FOR ANY ORDER THAT IS REFUSED OR ABANDONED BY THE INTENDED RECIPIENT, ORDERS THAT CANNOT BE DELIVERED DUE TO AN ADDRESS ERROR, OR ORDERS SEIZED BY CUSTOMS.

ALL ORDERS PLACED AFTER MONDAY 12PM AND BEFORE TUESDAY 12PM WILL BE SHIPPED OUT ON TUESDAY. ALL ORDERS PLACED BETWEEN TUESDAY 12PM AND WEDNESDAY 12PM WILL BE SHIPPED OUT ON WEDNESDAY. ALL ORDERS PLACED AFTER WEDNESDAY 12PM AND BEFORE THURSDAY 12PM, WILL BE SHIPPED OUT ON THURSDAY. ALL ORDERS PLACED AFTER THURSDAY 12PM AND UNTIL MONDAY 12PM WILL BE SHIPPED OUT ON MONDAY, EXCEPT EXPRESS SHIPPING – IF ORDERED ON THURSDAY BEFORE 12 PM IT WILL BE SHIPPED ON THURSDAY AND IF ORDERED ON FRIDAY BEFORE 12PM IT WILL BE SHIPPED ON FRIDAY, ORDERS AFTER FRIDAY 12PM AND BEFORE MONDAY 12PM WILL BE SHIPPED OUT ON MONDAY. SHIPPING TIME IS APPROXIMATELY 2-3 BUSINESS DAYS FOR MAINLAND USA. EXPRESS SHIPPING TIME IS APPROXIMATELY 1-2 BUSINESS DAYS FOR MAINLAND USA. EASTERN STANDARD TIME IS USED.

IF YOU PLACE AN ORDER FOR SHIPMENT TO ALASKA, HAWAII AND PUERTO RICO OR AN INTERNATIONAL ADDRESS, YOU WILL BE RESPONSIBLE FOR PAYING ANY ADDITIONAL SHIPPING COSTS, VAT AND OTHER TAXES, TARIFFS, IMPORT OR EXPORT DUTIES, AND OTHER SIMILAR TAXES, DUTIES OR FEES ATTRIBUTABLE TO SUCH ORDERS. THESE TAXES, DUTIES AND FEES, IF ASSESSED, ARE THE SOLE RESPONSIBILITY OF THE PACKAGE RECIPIENT, WHO WILL BE BILLED FOR THEM BY THE LOCAL CUSTOMS OFFICE. WE SUGGEST YOU CHECK WITH YOUR LOCAL CUSTOMS OFFICE FOR ANY DOCUMENTS YOU MAY NEED BEFORE PLACING YOUR ORDER.

PRICING OR TYPOGRAPHICAL ERRORS

WE WORK HARD TO PROVIDE ACCURATE PRODUCT AND PRICING INFORMATION. HOWEVER, PRICING OR TYPOGRAPHICAL ERRORS MAY OCCUR. IN THE EVENT THAT AN ITEM IS LISTED AT AN INCORRECT PRICE OR WITH INCORRECT INFORMATION DUE TO AN ERROR IN PRICING OR PRODUCT INFORMATION, BRAINLUXURY SHALL HAVE THE RIGHT, AT OUR SOLE DISCRETION, TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THAT ITEM. IF AN ITEM IS INCORRECTLY PRICED, WE WILL EITHER CONTACT YOU FOR INSTRUCTIONS OR CANCEL YOUR ORDER AND NOTIFY YOU OF SUCH CANCELLATION. PRICES AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT NOTICE.

CANCELLATION POLICY

IT’S IMPORTANT TO US TO REWARD LONG-TERM CUSTOMERS; OUR SUBSCRIPTIONS ARE HEAVILY DISCOUNTED AS A BENEFIT OF SUBSCRIBING. THEREFORE, WHEN YOU TAKE OUT A SUBSCRIPTION YOU GET A DISCOUNT OF 10-35% OVER OUR STANDALONE BOXES.

BECAUSE OF THIS, OUR 1, 3, AND 6 MONTH SUBSCRIPTIONS ARE SUBJECT TO MINIMUM CONTRACT TERMS. THEREFORE, YOU CANNOT CANCEL YOUR SUBSCRIPTION UNTIL THE END OF YOUR 1, 3, OR 6 MONTH SUBSCRIPTION TERM. IT IS NOT POSSIBLE TO RETURN A SUBSCRIPTION EITHER, AS OUR PRODUCTS ARE PERISHABLE. 

IF YOU NEED TO TAKE A BREAK FROM THE SUBSCRIPTION, YOU CAN PAUSE IT FOR ONE MONTH. PLEASE CONTACT OUR TEAM TO ARRANGE THIS. PAUSING A SUBSCRIPTION CAN ONLY BE DONE ONCE EVERY 3 MONTHS. FOR EXAMPLE, IF YOU HAVE A 6 MONTH SUBSCRIPTION, YOU COULD PAUSE IT AFTER THE SECOND MONTH, AND YOU WOULD THEN BE CHARGED AGAIN ON THE THIRD MONTH, WITH YOUR SUBSCRIPTION THEN RETURNING TO NORMAL FOR THE DURATION OF YOUR TERM.

IF YOU NEED TO SPEAK TO OUR TEAM FOR FURTHER INFORMATION, PLEASE CONTACT US. IF THERE ARE EXCEPTIONAL CIRCUMSTANCES, PLEASE LET OUR TEAM KNOW AS WE ARE HAPPY TO DISCUSS YOUR CASE. 

PLEASE NOTE, WE MAY, IN OUR SOLE DISCRETION, TERMINATE YOUR SUBSCRIPTION AT ANY TIME WITHOUT ANY NOTICE TO YOU.

SUBSCRIPTION BILLING TERMS

BY SUBSCRIBING TO A MONTHLY, 3 MONTHS OR 6 MONTHS, SUBSCRIPTION, YOU AGREE TO THE PRICING PROGRAM AND ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT CHARGE AT  THE THEN-CURRENT SUBSCRIPTION RATE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION, INCLUDING WHERE APPLICABLE ANY CHARGES PROCESSED BY BRAINLUXURY AFTER THE EXPIRATION DATE OF YOUR PAYMENT CARD.

YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR SUCCESSIVE MONTHLY PERIODS AND YOUR PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED FOR EACH SUCCESSIVE MONTHLY PERIOD AT THE THEN-CURRENT SUBSCRIPTION RATE UNTIL YOU CANCEL YOUR MONTHLY SUBSCRIPTION RENEWAL, EVEN AFTER YOUR SUBSCRIPTION HAS NATURALLY RUN OUT OF THE SUBSCRIBED AGREEMENT AT THE FIRST PURCHASE. YOU ARE RESPONSIBLE TO CANCEL YOUR SUBSCRIPTION WITHIN YOUR BRAINLUXURY ACCOUNT OR EMAIL US AT INFO@BRAINLUXURY.COM

DISCOUNT CODES

DISCOUNT CODES ARE VALID FOR A LIMITED TIME ONLY. BRAINLUXURY RESERVES THE RIGHT TO MODIFY OR CANCEL DISCOUNT AND PROMOTIONAL CODES AT ANY TIME. DISCOUNT CODES MAY NOT BE COMBINED WITH OTHER DISCOUNTS OR SALES INCENTIVES. DISCOUNT CODES ARE NOT TRANSFERABLE OR REDEEMABLE FOR CASH OR CREDIT. TO APPLY A DISCOUNT CODE, YOU MUST ENTER IT PRIOR TO COMPLETING THE ORDER. CONSUMER IS REQUIRED TO PAY ANY APPLICABLE SALES TAX RELATED TO THE USE OF THE DISCOUNT CODE. DISCOUNT CODES ARE VOID IF RESTRICTED OR PROHIBITED BY LAW.

RETURN POLICY

DUE TO THE NATURE OF OUR PRODUCT, WE DO NOT ACCEPT RETURNS. HOWEVER, WE DO HAVE A 14-DAY MONEY-BACK GUARANTEE FOR NEW CUSTOMERS WHO HAVE ORDERED THE DELTA and GAMMA TRIAL PACK. THIS IS ONLY VALID IF YOU ARE A NEW CUSTOMER WHO HAS PURCHASED THE TRIAL PACK. THIS IS NOT VALID ON ANY OTHER PURCHASES OR PACKAGE SIZES.

WE RESERVE THE RIGHT TO LIMIT REFUNDS, THEREFORE, WE ALWAYS RECOMMEND STARTING WITH THE DELTA and GAMMA BRAINLUXURY TRIAL PACK WITH A 14-DAY MONEY-BACK GUARANTEE. IF YOU NEED ANY HELP OR WOULD LIKE TO CHAT WITH OUR TEAM, PLEASE GET IN TOUCH WITH INFO@BRAINLUXURY.COM.

14-DAY MONEY BACK GUARANTEE

IF YOU PURCHASED A DELTA and GAMMA BRAINLUXURY TRIAL PACK (3 BOTTLES) AND ARE NOT COMPLETELY SATISFIED WITH BRAINLUXURY, WE CAN REFUND YOUR PAYMENT OF YOUR BRAINLUXURY TRIAL PACK IN FULL IF REQUESTED WITHIN 14 DAYS AFTER SHIPMENT OF THE TRIAL PACK.  YOU CAN REQUEST YOUR REFUND BY SENDING AN EMAIL TO INFO@BRAINLUXURY.COM.  THIS IS ELIGIBLE FOR FIRST-TIME CUSTOMERS ONLY.

HOW TO CONTACT US

IF YOU HAVE ANY QUESTIONS OR COMMENTS ABOUT THESE TERMS AS OUTLINED ABOVE, YOU CAN CONTACT US VIA:

TELEPHONE AT 855-272-4659
EMAIL AT INFO@BRAINLUXURY.COM

YOU MAY ALSO CONTACT US AT:

BRAINLUXURY, INC.
6 ST. JOHN'S LANE
NEW YORK, NY 10013
U.S.A.

LAST UPDATED: MARCH 6, 2023