Terms & conditions

Welcome to the BrainChild Nutritionals* website. By accessing our website, you are consenting to the following terms of use and all corresponding legal "stuff" that goes along with it. By accessing or using this site, you agree to follow and be found by these terms. If you don't agree with our terms of use, unfortunately, we will have to ask you to not access this site. That said, you can always change your mind, and we'll welcome you back.

During your use of brainchildnutritionals.com we may obtain certain information about you, which we will hold in confidence according to these Terms of Use and our Privacy Policy. For more on this, please see our Privacy Policy.

Copyright and Trademark Rights

The Material on Brainchildnutritionals.com is the property of BrainChild Nutritionals. In other words: All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) to the content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of brainchildnutritionals.com (or to another party that has licensed their material to brainchildnutritionals.com) and is protected by United States and international copyright laws.

Please Respect the Material on Brainchildnutritionals.com: You may not reproduce, redistribute or otherwise use any materials without the express written consent of The BrainChild NutritionalsCompany. BrainChild Nutritionals’ trademarks may not be used in connection with any product or service that is not BrainChild Nutritionals, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits BrainChild Nutritionals. (We know, but we still have to say it.)

The Material Included On This Website Can Be Used For Personal, Informational And Shopping Purposes Only: This means that you agree you will not distribute, publish, transmit, modify, display or create copied works from or exploit the contents of this website in any way. You agree to indemnify, defend and hold harmless BrainChild Nutritionals for any and all unauthorized uses you may make of any material on the website. You acknowledge the unauthorized use of the contents could cause irreparable harm to BrainChild Nutritionalsand that in the event of an unauthorized use, BrainChild Nutritionals shall be entitled to an injunction in addition to any other remedies available at law or in equity in the exclusive jurisdiction and venue in the courts described below.

To the extent that BrainChild Nutritionalsbelieves that you have violated its intellectual property rights, BrainChild Nutritionalsor any of its affiliated entities may seek injunctive or other appropriate relief in any federal or state court located in California without having to submit that matter to mediation/arbitration as stated below, and you consent to the exclusive jurisdiction and venue in such courts.

Limitations on Use

BrainChild Nutritionals grants you a non-exclusive, non-transferable, limited license to view this website, and to download and/or print portions of materials retrieved from this website as long as (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. No part of Brainchildnutritionals.com may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of BrainChild Nutritionals.

In addition, you may not use Brainchildnutritionals.com to:

  • gain unauthorized access to our website, network or computer systems;
  • interfere with any other person's use or enjoyment of the website;
  • breach any laws concerning the use of public telecommunications networks and interfering or disrupting networks or websites connected to Brainchildnutritionals.com;
  • copy any portion of the website or the content except as part of an Internet service provider's incidental caching of pages or for your own personal review later; or
  • "hack," interfere with or disrupt the website or any servers directly or indirectly connected with the service or promote any such activity

Disclaimer and Limit on Liability

We will do our best to Bring You Uninterrupted, Functional Use of brainchildnutritionals.com: That said, we do not guarantee that the functions contained on this website will be uninterrupted or error-free, that this website or its server will be free of viruses or other harmful components. If we are made aware of any defects, we will always do our best to correct them.

Please understand that BrainChild Nutritionals disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (1) any errors in or omissions from this website, including but not limited to technical inaccuracies and typographical errors; (2) any third party websites or content therein directly or indirectly accessed through links in this website; (3) any information which is posted by any 3rd party, including without limitation, information posted on any related blog; (4) the unavailability of this website or any portion of this website; (5) your use of this website; or (6) your use of any equipment or software in connection with this website.

Third Party Websites

As a convenience to our customers, brainchildnutritionals.com may include links to third party websites or material which are beyond our control. BrainChild Nutritionals is not responsible for content on other websites outside of brainchildnutritionals.com. Your use of any linked is subject to the terms and conditions of use and privacy policy imposed by the operator of the linked website, and we disclaim all liability in connection with your use of a linked website.

Changes in Our Terms of Use

We are always improving and updating our website to further enhance your experience. As a result, our policies will continue to evolve. BrainChild Nutritionals reserves the right to change, modify, add, or remove any of these Terms and any other content at this website from time to time for any reason. We will provide notice of these changes by posting them right here. We encourage you to refer to this page on an ongoing basis for our most current Terms of Use.

Disputes and Applicable Law

Use of this website shall be governed by and construed in accordance with the laws of the State of California, United States of America, as they apply to agreements made and solely performed in California. Disputes arising based on this website or in any way related to this website shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of California, and jurisdiction therefore shall be solely in California.

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Any cause of action you may have with respect to Brainchildnutritionals.com must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.

Children

Parents should always supervise their children while online. BrainChild Nutritionals website is not designed nor intended to collect personal information from children under the age of thirteen. So that we may comply with the Children's Online Privacy Protection Act, we ask that children under the age of thirteen not provide any personal information on this website.

International Use

BrainChild Nutritionals makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your country. 

Miscellaneous

These terms constitute the entire agreement between you and BrainChild Nutritionalsgoverning your use of the website, superseding any prior agreements between you and BrainChild Nutritionals. Headings in these Terms are for ease of reference only and shall not affect the interpretation or construction of this agreement.

 * All references to BrainChild Nutritionals refer to Maxam Group LLC a Delaware Limited Liability Company, DBA BrainChild Nutritionals in the state of Florida.