Thank you for visiting a Brighter Mind Media Group, Ltd. website (“Site”). The following terms and conditions are a legally binding agreement which govern your use of our website and purchase of products on our website. Please review the entire agreement carefully. When you submit an order for our product, you are certifying that you have read and agree to all terms and conditions contained in this agreement.
Scope of Agreement
THE COMPANY IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), NOR IS THE INFORMATION PROVIDED BY YOU TO COMPANY CONSIDERED PROTECTED HEALTH INFORMATION UNDER HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THE AGREEMENT.
Modification of Agreement
We may amend the Agreement from time to time in our sole discretion without specific notice. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site and/or continued receipt of Brighter Mind Media Group, Ltd. services and products, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for update and/or changes.
The creators, producers, and distributors of this program do not assume liability for injury or loss in connection with this nutrition or exercise program and instructions therein as every individual is advised: PLEASE CONSULT WITH YOUR NUTRITIONIST OR NUTRITIONALLY ORIENTED PHYSICIAN BEFORE BEGINNING THIS OR ANY DIET, LIFESTYLE, NUTRITION OR EXERCISE PROGRAM.
The entire contents of this website are based upon the opinions of Dr. Kyl Smith, unless otherwise noted. Individual articles are based upon the opinions of the respective author, who retains copyright as marked. The information on this website is intended to share knowledge and information from the research and experience of Dr. Smith and his community. Dr. Smith insists you to make your own health care decisions based upon your research in partnership with a qualified health care professional.
Accuracy of Information
We have attempted to ensure that the information on the Site is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to (i) revoke any offer stated on the Site; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Site.
You agree to indemnify, defend, and hold harmless the Brighter Mind Media Group, Ltd., its subsidiaries, its affiliates, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, employees, and advertising partners from and against any and all claims, demands, losses, damages, expenses, and costs, including reasonable attorneys’ fees, whatsoever that any third party may make due to or arising out of content you submit, post to, or transmit through the service; your use of or connection to the service and products (including any activity related to your account, including negligent or wrongful conduct, by you or any other person accessing the Site using your Internet account or using Company services and products); your violations of the Agreement (whether alleged or otherwise); or your violation of any rights of another, whether direct or indirect (including without limitation claims for misrepresentation or malpractice).
Disclaimer of Warranties
YOUR USE OF THE SITE AND COMPANY SERVICES AND PRODUCTS IS AT YOUR SOLE RISK. THE PRODUCTS AND/OR SERVICES OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE. In particular, but not as a limitation thereof, Brighter Mind Media Group, Ltd. makes no warranty that that the Site, the products and/or any other products and/or services offered on the Site and/or from the Company: (i) will meet your requirements; (ii) will be uninterrupted, timely, secure or error-free or that defects will be corrected; (iii) will be free of viruses or other harmful components; (iv) will have security methods employed that will be sufficient against interference with your enjoyment of the website, or against infringement; (v) will result in any specific health-related outcome; and/or (vi) will be accurate or reliable. The Site, the products and/or any other products and/or services offered on the Site and/or from the Company may contain bugs, errors, problems, or other limitations. Company is not liable for the availability of the underlying internet connection associated with the website. No advice or information, whether oral or written, obtained by you from the Company or otherwise through or from the Site shall create any warranty not expressly stated in the Agreement.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (i) the use or the inability to use the Site, the products and/or any other products and/or services offered on the Site and/or from the Brighter Mind Media Group, Ltd.; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, content and/or any other products purchased or obtained from or through the Site and/or from the Company; (iii) the failure to realize any specific result from use of the product or health-related outcome; and (iv) any other matter relating to the website, the products and/or any other products and/or services offered on the Site and/or from the Company. This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and any and all other torts. You hereby release Company from any and all obligations, liabilities and claims in excess of the limitations stated herein. If applicable law does not permit such limitation, the maximum liability of Company to you under any and all circumstances will be the amount you paid for the products ordered and paid for on the Site and/or from the Company. No action, regardless of form, arising out of your use of the Site, the products and/or any other products and/or services offered on the Site and/or from the Company may be brought by you more than one (1) year following the event which gave rise to the cause of action. The negation of damages set forth above is a fundamental element of the basis of the bargain between you and Company. Access to the Site and/or the services and products would not be provided to you without such limitations. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions company liability shall be limited to the maximum extent permitted by law.
Reproduction in whole or in part without written permission of copyright owner is prohibited. All Content is copyrighted as a collective work under the United States copyright laws, and Company owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws, you may not upload, post, reproduce or distribute in any way the Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on our Site, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.