Welcome to Brain Reserve Index Scoring Service

www.brainreserve.org is operated by The Roskamp Institute, Inc., a Florida non-profit corporation ("Roskamp"). These Terms of Use (this "Agreement" or “Terms of Use”) state the terms and conditions under which you may access or browse the Roskamp Website (the "Website") and govern your use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are simply accessing or browsing the Website or you are purchasing products/services offered for sale on the Website or creating a profile and registering with Roskamp. If you wish to access or browse this site, shop for or purchase products or services, or create a profile, please read this Agreement carefully. If you object to anything in this Agreement, the Roskamp Privacy Policy or any other Policy referred to in this Agreement, you should leave and discontinue use of the Website immediately.

ACCEPTANCE OF TERMS OF USE AGREEMENT

1. Electronic Agreement/Modification. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website. By accessing the Website, ordering products or services or creating a profile and becoming a registered user, you consent to have this Agreement provided to you in electronic form. This Agreement includes Roskamp's Privacy Policy, other policies referenced herein and any notices regarding the Website. By accessing the Website or creating a profile on any of our Websites, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
2. Modification. This Agreement, the Privacy Policy and any other policies referenced by this Agreement may be modified by Roskamp at its sole discretion from time to time, such modifications to be effective upon posting on the Website by Roskamp and your use of the Website after such posting will constitute acceptance by you of such changes. Please consult this Agreement and the referenced policies regularly. This Agreement was last updated Oct 15, 2014.
3. Access and Retention. A link to this Agreement will be found on the Website. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all software and equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

PRIVACY POLICY. Please refer to our Privacy Policy, which is incorporated into this Agreement by reference.

ELIGIBILITY. You must be at least eighteen (18) years of age to create a profile with Roskamp or otherwise use the Website. By using the Website, you represent and warrant that: (a) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement; (b) all registration and listing information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 18 years of age or older; and (e) your use of the Website does not violate any applicable law or regulation.

NO ADVICE. The information provided on this Website is for reference use only, and does not constitute the rendering of medical, physical, diet, legal, financial, or other professional advice or recommendations by Roskamp. Roskamp expresses no opinion as to the quality of services with regards to the third parties listed on this Website. The website is not a substitute for professional medical recommendations, and nothing on the Website is a comment on the specifics of your case or medical treatment. You should seek professional medical advice, diagnosis, and/or treatment for any and all medical conditions you think you may have, whether as a result of using this Website or otherwise. In the event you believe you have a medical condition you should immediately seek the advice of a medical doctor or another qualified health provider. Please consult your medical provider with any specific questions that you have about your health or call 911 in the case of an emergency.

ACCEPTANCE OF RISKS. You expressly acknowledge that you are making all of your own decisions with respect to any information you disclose or communications that you make on this Website. You also expressly acknowledge that you are subject to a variety of risks related to information that you post or share, which risks are beyond the control of Roskamp, and you expressly acknowledge that Roskamp is not liable or responsible for those risks, for which you have sole responsibility. You shall be solely responsible for making any decisions regarding the selection of third party services. Roskamp reminds you that patient and health information is private and may be protected by federal and state privacy and security laws. As such, we request that you refrain from disclosing any personal, medical or financial information that you do not wish to be shared or seen by Roskamp. Additionally, please do not post any personal, medical, financial or other confidential information about another person or entity without their approval.

WEBSITE CONTENTS. The content of the Website is intended for informational purposes only. Although Roskamp exercises reasonable efforts to ensure quality and accuracy, occasionally information on the Website may contain typographical errors, inaccuracies, or omissions. Roskamp reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Roskamp assumes no liability or responsibility for any errors or omissions. You are solely responsible for evaluating the accuracy, completeness and usefulness of any opinion, advice, or other content available through the Website or obtained from a linked site.

PAYMENT METHOD. Information regarding product/service offerings can be found at www.saasy.com Roskamp utilizes SAASY, FastSpring Service,Santa Barbara, CA 93101, a third party company, to handle credit card and bank account transactions. Roskamp is not responsible for such transaction. No sensitive payment information (e.g. credit card numbers, bank account numbers, etc.) is sent to our servers. Therefore the burden of PCI Compliance rests solely on SAASY.

ELECTRONIC COMMUNICATIONS. When you visit the Website or send e-mails to Roskamp, you are communicating electronically. You thereby consent to receive communications from Roskamp electronically. Roskamp will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by registering with Roskamp and creating a profile, you consent to receive newsletters, emails, promotions and other advertisements from Roskamp or its partners.

You may opt-out of receiving promotional newsletters from Roskamp by doing one of the following:

• If you originally signed up for Roskamp newsletters, please email us at support@brainreserve.org
• If you have received a newsletter from Roskamp, you can follow the opt-out or 'unsubscribe' instructions provided in the email we sent to you.

PASSWORD/ACCOUNT SETTINGS. When you create a profile and register with Roskamp, you will also be asked to choose a password for purposes of accessing the Website, creating and accessing your profile, ordering products and/or services and communicating through this profile. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You shall prevent unauthorized use of the Website using your password. You agree to (a) immediately notify Roskamp of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Roskamp will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. All assignments of your password shall be void.

INTELLECTUAL PROPERTY. Roskamp owns and retains all proprietary rights in the Website. Except as otherwise expressly noted, all products, questionnaires, articles, databases, information, images, illustrations, designs, graphics, icons, photographs, text, audio clips, video clips and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, “Content”) are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to Roskamp or its licensors/suppliers. All software used on this Website is the property of Roskamp or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.

ROSKAMP, BRAIN RESERVE INDEX, BRI and other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Roskamp in the U.S. and/or other countries. Roskamp's trademarks and trade dress may not be used in connection with any product or service that is not Roskamp's, in any manner that is likely to cause confusion among customers or clients, or in any manner that disparages or discredits Roskamp. All other trademarks not owned by Roskamp that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Roskamp. References on the Website to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by Roskamp.

MATERIALS PROVIDED TO ROSKAMP OR POSTED AT ANY WEBSITE. Roskamp does not claim ownership of the materials you provide to Roskamp (including feedback and suggestions) or post, upload, input or submit to any Website or its associated services (collectively “Submission” or "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Roskamp, its affiliated companies and necessary sublicensees, a perpetual, irrevocable, world-wide, royalty-free license to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, reproduce, edit, translate and reformat your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Roskamp is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Roskamp's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LICENSE/SITE ACCESS/PROHIBITED USE. Roskamp grants you a limited license to access and make personal use of the Website and the related products and services. Roskamp does not allow you to download (other than page caching) or modify the Website, or any portion of it, except with express written consent of Roskamp. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any content, including, but not limited to, products, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, spiders, robots, or similar data gathering and extraction tools, as such activities are strictly prohibited. The content of the Website, the Website as a whole and the software are intended solely for personal, non-commercial use by you and other users of the Website. You may not: (a) modify or create any derivative work based on the content or use the content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the content; (c) transfer the content to another person; or (d) reproduce the content, the Website or the software, in whole or in part, as expressly provided herein. You agree to prevent any unauthorized copying of the content or software. Roskamp reserves all rights not expressly granted herein.

NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Website, you warrant to Roskamp that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

METATAGS, HIDDEN TEXT, LINKING OR FRAMING ONLINE. Roskamp expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text online. The use of Roskamp trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to the Website, or any page or portion thereof, without the prior written consent of Roskamp is expressly prohibited. Likewise, framing, in-line linking or other methods of association on the Website or its content with any other site, advertisement, link or other information or materials not originating from this Website is expressly prohibited, unless specifically authorized or in writing as required by Roskamp.

LINKS TO THIRD PARTY SITES.Roskamp or third parties may provide links to other World Wide Websites or resources. Because Roskamp has no control over such sites and resources, you acknowledge and agree that Roskamp is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Roskamp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource. Roskamp does not control the privacy policies or practices of these websites. You should review those policies before providing any personal information. Roskamp is not responsible for the content or practices of any linked websites and provides these links solely for navigation convenience to visitors.

WARRANTY LIMITATION. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED HEREIN, YOU HEREBY ACKNOWLEDGE AND AGREE THAT ROSKAMP (INCLUDING DIRECTORS, MANAGERS, SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, DIRECTORS AND INDEPENDENT CONTRACTORS OF ROSKAMP) HAS NOT MADE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE, INFORMATION PROVIDED, OR THE INFORMATION, PRODUCTS OR SERVICES OFFERED THROUGH THIS WEBSITE. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ROSKAMP ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ROSKAMP DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES REGARDING COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. WITHOUT LIMITING THE FOREGOING, ROSKAMP HEREBY MAKES NO REPRESENTATION NOR ANY WARRANTIES OF ANY KIND IN CONNECTION WITH THE INFORMATION PROVIDED HEREIN, THAT PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THE QUALITY OF ANY PRODUCTS OR SERVICES. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCU¬RACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. THE FACT THAT ROSKAMP IS INCLUDING OR OFFERING ANY PRODUCT OR SERVICE ON THE WEBSITE IS NOT AN ENDORSEMENT OR A RECOMMENDATION OF THE PRODUCT OR SERVICE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

DISCLAIMER OF LIABILITY.IN NO EVENT SHALL ROSKAMP OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, AGENTS OR REPRESENTATIVES, BE IN ANY WAY LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, ARISING FROM, OR RELATING TO, THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, SERVICES, TESTS, MATERIALS AND FUNCTIONS THEREOF, OR OF ANY LINKED WEBSITE, OR FOR ANY TRANSACTION CONDUCTED THROUGH THIS WEBSITE, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, OR ANY PRODUCT OR SERVICE LINKED TO, INACCURATE RESULTS, SCORES, RECOMMENDATIONS, FROM OR ADVERTISED OR PROMOTED ON THE WEBSITE, OR OTHERWISE RELATING HERETO, INCLUDING, WITHOUT LIMITATION, CLAIMS RELATED TO DIAGNOSTIC ACCURACY AND/OR MEDICAL MALPRACTICE OR PERSONAL INJURY, REGARDLESS OF WHETHER THE SAME ARE FORESEEABLE OR IF ROSKAMP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ROSKAMP'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ROSKAMP FOR THE PRODUCTS.

INDEMNIFICATION. You agree to indemnify and hold Roskamp, its officers, partners, directors, managers, members, shareholders, distributors, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives and independent contractors, harmless from any loss, liability, damages, claim, actions, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from any use of this Website.

FORCE MAJEURE. Roskamp shall not be liable for failing to perform its obligations hereunder because of circumstances reasonably beyond its control. Such circumstances shall include (without limitation) any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials, acts of God, computer failure, hardware failure, telecommunications failure, software failure, failure of users to cooperate with the reasonable requests of Roskamp, breach of this Agreement by users, and any other events reasonably beyond the control of Roskamp.

TERMINATION OF USE. You agree that Roskamp may, in its sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating our relationship with you and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefor, your right to use the Website immediately ceases, and you acknowledge and agree that Roskamp may immediately deactivate or delete your account and all related information and files and/or bar any further access to such files or the Website. Roskamp will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. These Terms of Use will survive any termination.

CONSENT TO JURISDICTION, FORUM SELECTION AND CHOICE OF LAW. By using the Website you expressly agree that if there is any dispute arising out of the Website and/or the products/services, or in the event of any judicial action arising directly, indirectly, or otherwise in connection with, out of, related to or from this Agreement or any transaction covered hereby or otherwise arising in connection with the relationship between the parties, regardless of whether such action is brought under contract, tort, statute or otherwise, any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida, in Sarasota County, for the resolution of any such dispute. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Sarasota, State of Florida shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.

ENTIRE AGREEMENT. This Agreement contains the entire agreement between you and Roskamp regarding the use of the Website. The Privacy Policy and other policy statements as referenced herein (as modified by Roskamp from time to time) is incorporated herein by reference and made a part of this Agreement.

SEVERABILITY. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

PREVAILING PARTY. In any action to enforce these Terms of Use, the prevailing party will be entitled to recover its legal expenses, including reasonable attorneys’ fees, legal assistants’ fees, costs and expenses from the non-prevailing party of all court costs (including bankruptcy proceedings and appeals) in addition to any other relief to which the party is entitled. Any cause of action brought by you against Roskamp or its officers, partners, directors, managers, members, shareholders, distributors, affiliates, subsidiaries, sponsors, advertisers, licensors, employees, agents, representatives or independent contractors, must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

ASSIGNMENT. You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so will be null and void. Roskamp may freely assign its rights and obligations under these Terms of Use.

SEVERABILITY. If any part of these Terms of Use is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.

WAIVER. Any failure by Roskamp to enforce or exercise any provision of these Terms of Use or related rights will not constitute a waiver of that right or provision.

CAPTIONS. The headings and captions of this Agreement are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.

COPYRIGHT AGENT. Roskamp respects the intellectual property rights of others, and we ask users to do the same. If you believe that your work has been copied in a way that constitutes infringement on the Website, please provide the following information to Roskamp’s Copyright Agent:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please contact us with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND UNDERSTAND AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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