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TERMS OF USE

Myfitbrain("Myfitbrain") and its affiliates provide the services subject to the following conditions incorporated hereunder.

By accessing either directly or through a hyperlink, the site www.myfitbrain.com ("Site"), you accept to abide by the following terms and conditions. The ownership, management and control of the Site vests in entirety with Myfitbrain and you are subject to the terms, conditions, rules, regulations and applicable laws governing Myfitbrain or its affiliates. 

COMMUNICATIONS
You accept that Myfitbrain shall be corresponding with you by way of e-mails only and for which you have already consented by accessing the Site. Communication from Myfitbrain can also be by posting any notices on the Site. You agree and accept that all agreements, disclosures and any other communications that we shall provide you, satisfy all the legal requirements under the relevant statutes in the U.S.. You agree that the communications sent to you by Myfitbrain shall not be construed as spam or bulk under any law prevailing in any country where such communication is received. Communications received by Myfitbrain in a mode other than in the electronic mode, does not warrant any strict correspondence in reply on behalf of Myfitbrain. Visitors are allowed to post any material, reviews, comments, suggestions or any other content on the Site as long as the same does not infringe or threatens to infringe any intellectual property rights of any other person or entity, contains viruses or trojans or worms or likewise which hampers the functioning of the Site, is libelous or obscene or defamatory or religiously inflammable, or in any way hampers the reputation or goodwill of the Site. The user shall compensate and indemnify, defend and hold harmless, Myfitbrain, from and against any and all losses, liabilities, damages, deficiencies, demands, claims, actions, judgments or causes of action, assessments, interest, penalties and other costs or expenses (including, without limitation, reasonable attorneys' fees and expenses) based upon, arising out of, or in relation to or otherwise in respect of any objectionable content (including but not limited to videos), of any nature whatsoever, uploaded on the Site by the user,. You agree and accept that all the content posted on the Site by you shall be the sole property of Myfitbrain and Myfitbrain reserves the right to amend, alter, change or modify the same. All the intellectual property rights arising out of the content posted by you on the Site shall remain in the sole ownership of Myfitbrain which you have granted and assigned in perpetuity and without any royalty to Myfitbrain.

YOUR RESPONSIBILITIES
You acknowledge that Myfitbrain is not responsible or liable and does not control the content of any information that may be posted to the Site by you or other visitors to the Site. You are not permitted to post any content that (a) infringes on any third party's intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly; (b) violates any law, statute, ordinance or regulation; (c) is defamatory, trade libelous, threatening, unlawfully harassing, indecent, abusive, obscene, or contains child pornography; (d) contains viruses or other similar harmful or deleterious programming routines; (e) damages, disables, overburdens, or impairs the Site or any other party's use of the Site; (f) contains hyperlinks to any other sites; (g) personally threatens or has the effect of personally threatening other users, whether in-game, on forums, chat sites or by any other means of the Site.

MODIFICATIONS
Myfitbrain reserves the absolute right to amend, alter, change, modify, discard or add any other terms and conditions to this Site. Visitors shall always be bound by the terms and conditions displayed on the Site, irrespective of whether the unamended, unaltered, unchanged terms and conditions not displayed thereinafter are more applicable.

YOUR ACCOUNT, USERNAME AND PASSWORD
Myfitbrain does not warrant any safety or safeguarding of your account, username or password that you as a visitor has chosen; nonetheless Myfitbrain shall take reasonable precautions to prevent unauthorized access to the Site.

USE
You agree and accept that the services offered by Myfitbrain on the Site are purely for personal, non-commercial and non-medical use. You are not allowed to modify, copy, distribute, transmit, display, reproduce, publish, license, sell or transfer any information contained in the Site.   If you see anything on the Site which appears to infringe these terms and conditions, you will immediately inform us by accessing the "Report Abuse" function, or by emailing us.

CONFIGURATIONS AND MINIMUM ESSENTIALS
Myfitbrain does not expressly recommend any particular software, operating system, application to use and access to this Site. If for any particular reason, the Site does not open or is unable to be displayed in full in the visitor's computer, then Myfitbrain shall not be held liable for any act, omission or commission that may occur because of the same. It shall be your responsibility and liability to keep your computer in consonance with the latest updated commonly used industry practices so as to be able to access the Site; though latest standards cannot be defined or categorized. Myfitbrain does not recommend or lay down any set of standards for the purpose of viewing the Site.

INTELLECTUAL PROPERTY RIGHTS
All the content displayed on the Site is the sole property and is in the exclusive right, title and ownership of Myfitbrain. The copyright existing in the content on the Site as well as the Site itself is and shall always remain in the sole custody, possession, control and ownership of Myfitbrain. Copyright for this purpose includes registered as well as any unregistered copyright. Trade mark and domain name of the Site also vests with Myfitbrain. All the marks, logos, designs used in the Site are and shall always remain the sole property of Myfitbrain. Trademarks that have been applied for registration and the unregistered trademarks shall also be the sole property of Myfitbrain. Any intellectual property rights arising as a result of makeover of any content provided by any visitor, then intellectual property arising because of such makeover shall also vest with Myfitbrain.  The visitor to the Site grants a royalty free, exclusive and transferable right to Myfitbrain with respect to the content posted by him/her.

TERMINATION
In addition to the rights above, Myfitbrain shall have the right to terminate or suspend the account of any user at any time at its sole discretion, if the user is found to be in breach of this Terms of Use or the Privacy Policy The user further accepts that Myfitbrain shall incur no liability for such termination or suspension and that the user shall not initiate any legal or quasi legal or any other proceeding against Myfitbrain.  Further, in the event there is any unauthorized access to the Site, Myfitbrain reserves the right, at its sole discretion, to cancel subscriptions, terminate accounts without giving you any prior notice.

DISPUTE RESOLUTION
These terms of use are governed by the laws of the state of Illinois, U.S.A..  You hereby irrevocably consent to the exclusive jurisdiction of the courts in the Illinois, U.S.A in all disputes arising out of or relating to the use of the Site.  Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

INDEMNITY
You agree to indemnify and hold Myfitbrain, its subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Site.

DISCLOSURES
Myfitbrain reserves the right to disclose any personal information about you or your use of the Site, including its contents, without your prior permission if Myfitbrain has a good faith belief that such action is necessary to: (i) conform to legal requirements or comply with legal process; (ii) protect and defend the rights or property of Myfitbrain or its affiliates; (iii) enforce the terms of use; or (iv) act to protect the interests of its members or others.

DISCLAIMERS
1. Myfitbrain and/or its affiliates/suppliers make no representations in respect of the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Sites for any purpose.  All such information, software, products, services and related graphics are provided "as is" without warranty of any kind.  Myfitbrain and/or its affiliates/suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

2. This site may contain links to other web sites operated by third parties ("linked sites").  You acknowledge that, when you click on a link to visit a linked site, a frame may appear that contains the Myfitbrain logo, advertisements and/or other content selected by Myfitbrain. You acknowledge that Myfitbrain neither endorse nor are affiliated with the linked site and are not responsible for any content of any linked site or any link contained in a linked site, or any changes or updates to such sites. You also acknowledge that Myfitbrain is providing these links to you only for your convenience. Myfitbrain does not endorse in anyway any advertisers/ contents of advertisers on the Site.  Please therefore verify the veracity of all information on your own before undertaking reliance and acting thereupon.  Myfitbrain shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement.

3. You specifically agree that Myfitbrain shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site. You specifically agree that Myfitbrain is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Myfitbrain is not responsible for any content sent using and/or included in the Site by any third party.

4. In no event shall Myfitbrain and/or its affiliates/suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Myfitbrain or any of its affiliates/suppliers has been advised of the possibility of damages.
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By joining you will receive the following benefits. You will:
Have access to multiple difficulty levels for all games
Have the ability to track your progress from one session to the next
Receive informational emails to assist you in improving your mental fitness in other ways
Receive promotional offers or discounts from some of our strategic sponsors