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Terms & Conditions

Last Updated: November 18, 2021

The following terms of use (the "Terms of Use") govern your access to and use of: (a) the Blue Lake websites located at www.bluelakeminds.com and (b) all other services provided by us, as described on, or provided through, the Blue Lake Websites, including our services to test and assess cognitive functions by administering tests of memory, attention, reasoning and planning and collecting and displaying the resulting data (collectively, the "Platform”). These Terms of Use form an agreement between BrainCare LLC ("Blue Lake", “us”, “we”, “our”) and you. The term "you" refers to the person or entity accessing, browsing or otherwise using the Platform.

BY ACCESSING OR OTHERWISE USING (“USE” IN THIS TERMS OF USE WILL MEAN ANY OF THE FOREGOING, AND “USING” WILL HAVE A CORRESPONDING MEANING) THE PLATFORM (AS THAT TERM IS DEFINED BELOW), YOU: (A) REPRESENT AND WARRANT TO, AND COVENANT WITH, US THAT YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 2. IF YOU DO NOT AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE PLATFORM (AS THAT TERM IS DEFINED BELOW). IF YOU ARE ACCESSING OR USING THE PLATFORM (AS THAT TERM IS DEFINED BELOW) ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.

  1. Permitted Use

The Platform is provided solely for the administration of certain tests made available by us (and for the provision of any related information that we may prompt for or request) with the objective of generating a profile of cognitive abilities through the Platform on the basis of such test results and related information (the “Permitted Use”).

As a condition of your use of the Platform, you warrant that: (a) you will use the Platform in accordance with these Terms of Use and for the Permitted Use only; and (b) all information supplied by you on or through the Platform is true, accurate, current and complete. We retain the right, at our sole discretion, to deny you access to the Platform or the services it offers, at any time and for any reason, including for violation of these Terms of Use. You will cease and desist from any such use immediately upon request by us.

  1. Changes to these Terms of Use and Content on the Platform

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, WE RESERVE THE RIGHT TO CHANGE THESE TERMS OF USE AT ANY TIME WITHOUT NOTICE BY POSTING REVISED VERSIONS ON THE PLATFORM. YOUR CONTINUED ACCESS TO OR USE OF THE PLATFORM AFTER ANY CHANGES TO THESE TERMS OF USE INDICATES YOUR ACCEPTANCE OF SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE REGULARLY. EXCEPT AS DESCRIBED ABOVE, NO AMENDMENT, SUPPLEMENT, OR MODIFICATION OF THESE TERMS OF USE, AND NO CONSENT OR APPROVAL BY US, WILL BE BINDING UNLESS EXECUTED IN WRITING BY US.

Without limiting our other rights, we also reserve the right to change any information, materials or content (including all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks) contained, provided or displayed on or through the Platform (the "Content") at any time and without notice.

  1. License Grants

Subject to these Terms of Use, we grant you a personal, revocable, non-exclusive and non-transferable license during the Term to use the Platform in accordance with these Terms of Use and for the Permitted Use only.

Subject to these Terms of Use, you grant to us a non-exclusive, royalty-free, irrevocable, fully paid-up, perpetual, sublicensable, transferrable and worldwide right and license to reproduce, modify, update, perform, create compilations, aggregations, enhancements, adaptations, translations or derivative works from or on the basis of, process, develop, access, collect, store, use, sell, exploit, resell, distribute, provide, transfer and use any data, information, content, records and files that ((a) and (b) are, collectively, the “User Content”): (a) you upload, transmit to or enter into the Platform (including your answers to any test questions and information provided in response to prompts or requests on or through the Platform); or (b) we collect from your local computer system or from third-parties with your permission, and (in each case) including all results from processing anything described in (a) above, and modifications, updates, enhancements, aggregations, compilations, adaptations, translations and derivative works created from or on the basis of anything described in (a) above, for any purpose.

  1. Term and Termination

These Terms of Use will commence on the day you first use the Platform and will continue into force until terminated by either party (the “Term”). Either party may terminate these Terms of Use as follows: (a) we may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at our discretion, by email (at your current email address on file with us) or through the Platform; (b) you may terminate these Terms of Use at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Platform) that your User Account be deleted and ceasing use of the Platform.

  1. Ownership

We expressly reserve all rights in the Content and the Platform that are not expressly granted to you. You acknowledge that all right, title and interest in the Content and the Platform, and any modifications, updates, enhancements, aggregations, compilations, adaptations, translations and derivative works created from or on the basis of the Content or the Platform, in each case in any form or medium, and all intellectual property rights therein will remain with us (or our third party suppliers, if applicable). Use of the Platform is provided by us hereunder as a limited license, and neither the Platform nor any part of it (including any Content) is “sold” to you.

  1. Restrictions on Use

You will not, without our prior written permission, use the Platform and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to:

(a) “frame”, “mirror” or otherwise incorporate the Platform or the Content or any part thereof on any commercial or non-commercial website;

(b) access, monitor or copy any part of the Platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

(c) violate the restrictions in any robot exclusion headers on the Content or the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform;

(d) take any action that imposes, or may impose in our discretion, an unreasonable or disproportionately large load on the Platform;

(e) deep-link to any portion of the Platform for any purpose;

(f) remove any watermarks, labels or other legal or proprietary notices included in the Platform or the Content;

(g) modify or attempt to modify the Platform, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform;

(h) use the Platform or Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution;

(i) attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform;

(j) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Platform or the Content;

(k) create adaptations, translations, or derivative works based on the Platform or the Content, in whole or in part, or to decompile, disassemble, reverse engineer or otherwise exploit any part of the Platform or the Content;

(l) use or access the Platform in a manner that violates the rights (including, but not limited to intellectual property rights) of any third party; or (m) upload to or transmit through the Platform any information, images, text, data, media or other content that is offensive, hateful, obscene, defamatory or violates any laws, in each case as determined by us in our sole discretion.

  1. Third Party Websites

The Platform may provide links to third party websites. We do not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under our control, and if you choose to access any such web site, you do so entirely at your own risk.

  1. Viruses

The downloading and viewing of any Content is done at your own risk. We cannot and do not guarantee or warrant that the Platform or the Content are compatible with your computer system or that the Platform or the Content, or any links from the Platform or the Content, will be free of viruses, worms, Trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Platform.

  1. Communications Not Confidential

We do not guarantee the confidentiality of any communications made by you through the Platform. Although we generally adhere to the accepted industry practices in securing the transmission of data to, from, and through the Platform, you understand, agree and acknowledge that we cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Platform.

  1. DISCLAIMER AND LIMITATION OF LIABILITY

THE PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. USE OF THE PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE PLATFORM OR THE CONTENT. THE PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES. WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE PLATFORM OR THE CONTENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTIBLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE PLATFORM IS NOT FAULT-TOLERANT AND NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE FOR ANY PURPOSE OTHER THAN IN RESPECT OF THE PERMITTED USE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THIS TERMS OF USE, THE PLATFORM OR THE CONTENT, INCLUDING THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL WE BE LIABLE FOR (A) LIBEL, SLANDER, DEFAMATION OR THE INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR THE RIGHTS OF ANY THIRD PARTY ARISING IN CONNECTION WITH THE PLATFORM OR THE CONTENT; OR (B) DAMAGES ARISING IN CONNECTION WITH THE STORAGE, PROCESSING OR TRANSMISSION OF INFORMATION, CONTENT OR MATERIALS ON OR THROUGH THE PLATFORM IN VIOLATION OF APPLICABLE LAWS OR THE RIGHTS OF THIRD PARTIES.

TO THE EXTENT THE FOREGOING EXCLUSION DOES NOT APPLY, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, THE PLATFORM OR THE CONTENT, INCLUDING THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT EXCEED FIVE DOLLARS ($5 USD). FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

  1. Indemnification

You will defend, indemnify and hold harmless us and all of our officers, directors, affiliates, employees, agents, contractors, successors and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:

(a) your breach of any of your warranties, representations or obligations under these Terms of Use or any documents referenced herein;

(b) your violation of any applicable law or the rights of a third party (including privacy or intellectual property rights);

(c) your use of the Platform; or

(d) any User Content.

  1. Governing Law and Jurisdiction

These Terms of Use will be governed by the laws of the State of Nevada and the federal laws of the United States applicable therein and such laws apply to your access to or use of the Platform or the Content, notwithstanding your domicile, residency or physical location. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Reno, NV in all disputes arising out of or relating to the use of the Platform or the Content.

You will only use the Platform and the Content in jurisdictions where the Platform and the Content may lawfully be used.

  1. General Provisions

These Terms of Use constitute the entire agreement between us and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Platform. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of sections of these Terms of Use are for reference purposes only and have no substantive effect.

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provisions or right. Any waiver of a provision or right by us must be in writing to be effective.

If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained herein.

Privacy Policy

BrainCare LLC and its subsidiaries and affiliates (collectively, “Blue Lake,” “we,” “us,” or “our”) may collect personal information in the course of providing you with our services. This Privacy Policy (“Privacy Policy”) explains how Blue Lake handles your personal information when you visit or use: (a) the Blue Lake websites located at www.bluelakeminds.com and (b) all other services provided by us, as described on, or provided through the Blue Lake Website, including our services to test and assess cognitive functions by administering tests of memory, attention, reasoning and planning and collecting and displaying the resulting data (such web-based software-as-a-service solutions, the “Platforms”), and any other website that links to this Privacy Policy (collectively, the “Blue Lake Services”).

  1. Collection of Information

The Blue Lake Services are enabled by the Blue Lake Websites. By using the Blue Lake Services, Blue Lake may collect the following types of information:

(a) Account Information:

To access and use certain features of the Blue Lake Services, you may need to register for an account (the “Account”) through the available interfaces, namely, the Blue Lake Websites. During the registration process, you may be asked to provide us with information such as your first name, email address, gender and birth year. 

(b) Information Related to the Tests

To use the Blue Lake Services, you will need to complete Tests related to cognitive elements, such as, memory, reasoning, verbal ability and concentration and/or assessments related to other brain health and mental health concerns such as anxiety or depression. Your responses to each Test and/or related assessments will be collected and tracked over time.

We may also collect your responses to questions related to such lifestyle and other factors as your stress level, sleep amount and physical activity as these factors may have an impact on your results.

When completing a Test and/or a related assessment, if you do not wish to make optional personal information available, you do not have to complete those sections. If you supply personal information and later wish for it to be removed, please contact us at support@bluelakeminds.com.

(c) Processing Information

When you use a computer, tablet, smartphone or other device to access the Blue Lake Websites, we may collect information about the device and how you use it. This information may include the type of device, your operating system, your browser (for example, whether you used Internet Explorer, Firefox, Safari, Chrome or another browser), your internet service provider, your domain name, your internet protocol (IP) address, your device identifier (or UDID), the date and time that you accessed our service, the website that referred you to the Blue Lake Websites, the web pages you requested, the date and time of those requests and your physical location.

  1. Use of Information

We use the information described above to:

(a) provide the Blue Lake Services to you;

(b) maintain, enhance and modify the Blue Lake Services;

(c) communicate with you, where such communications may include, but are not limited to, informing you of developments to the Blue Lake Services;

(d) assess whether the results of the Tests are affected by factors such as age, occupation, education level, stress, sleep and physical activity; and

(e) comply with legal and regulatory requirements. We may use information for any purpose if we aggregate and anonymize it so that it no longer reasonably identifies you.

  1. Disclosure of Information

We may transfer or disclose information as follows:

(a) Service Providers Arrangements

Your information may be transferred (or otherwise made available) to our affiliates and other third parties who provide services on our behalf. Our service providers are given the information they need to perform their designated functions, and are not authorized to use or disclose personal information for their own marketing or other purposes.

Your information may be stored and processed by us, our affiliates and other third party service providers in the United States or other jurisdictions. In the event that personal information is transferred to the United States or other foreign jurisdiction, it will be subject to the laws of that jurisdiction and may be disclosed to or accessed by the courts, law enforcement and governmental authorities in accordance with those laws.

(b) Legal and Compliance

We and our service providers may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise required or permitted by applicable US or other law or legal process. Your personal information may also be disclosed where necessary for the establishment, exercise or defense of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.

(c) Sale of Business

Personal information may be provided to third parties in connection with a business transaction, including a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Blue Lake or as part of a corporate reorganization, or stock or asset sale, or other change in corporate control, including for the purpose of determining whether to proceed or continue with such transaction or business relationship.

(d) Aggregated and Anonymized Data

When you participate in a Test, you are assisting world-class research into neuroscience and cognition and improving the scientific value of the Tests themselves. The personal information we collect when you participate in Tests (such as your responses to queries) may be de-identified, aggregated and used for our research and analysis to help us better understand the Tests and serve our users. All data is analyzed anonymously and will not be presented in identifiable form. For example, results may be presented to indicate that the average score of a 27-year-old left-handed user for an attention Test is 53, but that right-handed users score 52. Any personal information that might identify a user will be kept confidential and not shared with any third party (except as otherwise set out in this Privacy Policy).

Information that is aggregated and anonymized so that it does not reasonably identify you may be shared with or sold to third parties.

  1. Safeguarding and Retention of Personal Information

We have implemented reasonable administrative, technical and physical measures in an effort to safeguard the personal information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure. We restrict access to your personal information on a need-to-know basis to employees and authorized service providers who require access to fulfill their job requirements.

We have personal information retention processes designed to retain personal information for no longer than necessary for the purposes stated above or to otherwise meet legal requirements.

  1. Access to Personal Information

You have the right to access, update and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law. You may make a request to access, update and/or correct inaccuracies in your personal information we have in our custody or control by emailing or writing to us at the contact information set out below. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records.

  1. Cookies and Other Tracking Technologies

We use cookies and other tracking technologies for the following purposes: (i) to operate the Blue Lake Services; (ii) to understand how the Blue Lake Services function and are used; (iii) to personalize the content we present you on the Blue Lake Services, (iv) to provide or improve the Blue Lake Services; and (v) to provide you with offers that may interest you (including on third-party websites). Some cookies exist only during a particular session and some are persistent over multiple sessions over time. You may set your browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from the Blue Lake Services, you may not be able to take advantage of all of the features on the Blue Lake Services.

  1. Third Party Websites

The Blue Lake Websites may contain links to other websites that are not owned or controlled by us. We have no control over, do not review and are not responsible for the privacy policies of or content displayed on such other websites. When you click on such a link, you will leave our service and go to another site. During this process, another entity may collect personal information from you.

  1. Updates to the Privacy Policy

We may update this Privacy Policy to reflect changes to our privacy practices. We encourage you to periodically review this page for the latest information on our privacy practices.

  1. Contact Us

Blue Lake welcomes your comments and questions regarding this Privacy Policy and the use of your personal information. To respond to your request, we may ask you for your full name, email address and phone number. If you have questions or concerns, please contact our Privacy Office at support@bluelakeminds.com.