Terms & Policies

We require 24 hour notice when cancelling your appointment, otherwise there will be a $25.00 cancellation fee charged.

This document describes the Terms and Conditions which apply to your use of the Services provided by BrainHack, LLC and its components including the website (www.brainhack911.com) and WAVi Brain Assessment. By using these Services, you accept and agree to be legally bound by the Terms and Conditions outlined in this agreement. You will also be subject to any applicable guidelines or rules which may be posted and modified at any time. Any participation in the Services will constitute acceptance of the Terms and Conditions.

1. Definitions

• “BrainHack911” means BrainHack 911, LLC which is located at Houston, Texas, and is also referred to as “we”, “us” or “our” within these Terms and Conditions.
• “WAVi Brain Health program” means the program developed by WAVi Research that uses sophisticated scientific techniques to construct individual brain health profiles and to provide various ‘brain fitness’ and lifestyle solutions.
• “Participant Consent Form” means the consent form by which BrainHack 911 obtains your consent to participate in the BrainHack 911 testing. The Participant Consent Form explains what we will ask you to do if you participate, how we will use your personal information and how we will protect your personal information.
• “Privacy Policy Statement” means the statement that describes how BrainHack911 collects, uses, stores and protects your personal information.
• “Services” means the services provided by BrainHack911 through our website and the BrainHack911 program.
• “Brain Health profile” means the collection of data, analyses and reports about your genetic information, your brain imaging assessments, your cognitive, sensory, motor and other specialized function test results, and your self-report data from surveys, questionnaires and personality tests.
• “Personal Information” means the information that can be used to identify you either alone or with other information. This includes, but is not limited to, your name, address, and email address, your medical history, your genetic information and your responses to surveys and questionnaires. BrainHack911 collects personal information for the following purposes:

o General communication to provide you with general information about BrainHack911 and the BrainHack911 program.

o  Development of your brain health profile

o Referral purposes so that we can communicate with anyone you refer to us for Customer service

1. Requirements

You must be of legal age in your province, state or country of residence to use the Services. If you are (a) under the legal age in your province, territory, state or country of residence or (b) do not wish to be bound by these Terms and Conditions, you may not access or use the Services.

1. Privacy Policy Statement

Before you use the Services provided by BrainHack911, LLC, you must first review and agree to our Privacy Policy Statement. The Privacy Policy Statement describes how BrainHack911, LLC collects, uses, stores and protects your personal information. If you do not agree to the policies and procedures outline in the Privacy Policy Statement, you are not permitted to use the Services. You may agree to the Privacy Policy Statement by using the Services provided. Click here to view the full Privacy Policy Statement. If you wish to participate in the BrainHack911, LLC brain test you must review the Participant Consent Form. The Participant Consent Form explains what you will be asked to do if you participate in the program. Click here to view the Participant Consent Form.

1. Acceptance of Terms and Conditions

By using the Services, you agree that you are of legal age in your state or country of residence and are subject to the terms of the legal agreement between you and BrainHack911 as described in these Terms and Conditions. Before you can use the Services, you must first review and agree to the Terms and Conditions. You may not use the Services if you do not agree to the Terms and Conditions. Any use of the Services will constitute acceptance of the Terms and Conditions. We may also ask that you accept the Terms and Conditions by clicking to accept the Terms and Conditions. You will also be subject to any guidelines or rules that apply to the Services and that may be posted at any time. BrainHack911 may also provide other services at any time that are governed by different Terms and Conditions.

1. Description of the Services

The Services we provide are not intended to treat, diagnose, cure or prevent disease. You acknowledge and agree that the Services are provided “as is”. You also acknowledge that the Services may change any time without prior notice. You may stop using the Services at any time. BrainHack911 is not responsible or liable for the use of the Services outside of these Terms and Conditions.

1. Risks and Considerations Regarding the Services

The Services offered by BrainHack911, LLC are solely for informational purposes and are not intended for medical or legal use. BrainHack911, LLC is not responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the BrainHack911 website and is not responsible or liable for any error or omissions in that information. Any reports, interpretations or findings provided to you by BrainHack911, LLC are not a substitute for professional medical advice, diagnosis or treatment and may not be used for any medical purpose. BrainHack911, LLC will not be responsible or liable for any injury you may sustain due to your use of the Services.

1. Acceptable Use and Conduct

You agree that you will use the Services in compliance with any and all applicable laws and regulations.

1. Third Party Sites BrainHack911 may provide links to third party web sites and other resources through its Services. BrainHack911 does not control and is not responsible for the availability or content of such third party web sites and resources. You acknowledge and agree that BrainHack911 does not endorse and is not responsible or liable for the content, advice, advertising, products or other materials found on such third party web sites or resources. If you use or access any third party web site or resource, you acknowledge and agree that you do so at your own risk and are subject to the terms, conditions and policies of such third party web sites or resources.

If you participate in the BrainHack911 program, you will be assessed using (a) the WAVi Brain Assessment Kit from the WAVi Research. BrainHack911 does not charge a fee for the delivery or scoring of the WAVi assessment.

1. Proprietary Rights

BrainHack911, LLC owns the content, information, trademarks and logos displayed in its Services except for content, information, trademarks and logos provided by third party web sites and resources. You acknowledge and agree that the content of the Services is protected by copyright and/or other intellectual property rights that are owned by BrainHack911 and/or third parties who provide such content. You shall not modify, reproduce, disassemble, remove, distribute or display the content, information, trademarks and logos of the Services unless you have received written consent from BrainHack911 or from the owners of such content, information, trademarks and logos. Any unauthorized use or creation of new works based on the Services is strictly prohibited.

BrainHack911 grants you a limited license to (a) view and print copies of your brain health reports for your personal, non-commercial use and (b) use the Services solely for your personal, non-commercial use. If you choose to share your data and/or reports with any third party, BrainHack911, LLC is not responsible or liable for any consequences that may arise from your disclosure of your information. You acknowledge and agree that you will not be entitled to any compensation if your data is used directly or indirectly in the development of intellectual property (including, but not restricted to, patents, copyrights, or trademarks) or the commercialization of products or services.

1. Indemnification

You agree to indemnify and hold BrainHack911 and its directors, officers, employees, partners, agents, successors, and assigns harmless from any claim, loss, injury, damage and liability made by any third party arising out of or relating to your use of the Services, your violation of or breach of any of these Terms and Conditions, your violation of applicable laws or regulations or your violation of any rights of a third party.

If you consent to participate in the BrainHack911 program, you agree to indemnify and hold BrainHack911 and its directors, officers, employees, partners, agents, successors, and assigns harmless from any claim, loss, injury, damage and liability made by any third party arising out of or relating to any disclosure or use of any information collected from you or disclosed to you. If you choose to disclose your personal information to a third party, you agree and hold BrainHack911 its directors, officers, employees, partners, agents, successors, and assigns harmless from any claim, loss, injury, damage and liability made by any third party arising out of or relating to any such disclosure of your personal information.

1. Disclaimer of Warranties

BRAINHACK911 PROVIDES ITS SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEES OR WARRANTY. BRAINHACK911 DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OF TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK. BRAINHACK911 DOES NOT WARRANT THAT (A) THE SERVICES WILL BE ACCURATE, COMPLETE OR SUITABLE FOR YOUR PURPOSES, (B) THE SERVICES WILL BE UNINTERRUPTED, FREE OF ERRORS, FREE OF VIRUSES OR COMPLETELY SECURE, (C) ANY DATA DERIVED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. THE SERVICES ARE (A) INTENDED SOLELY FOR INFORMATIONAL PURPOSES, (B) NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT ANDNOT TO BE USED FOR ANY MEDICAL PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT BRAINHACK911 SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACTIONS OR CONSEQUENCES RESULTING FROM YOUR USE OF OR YOUR PARTICIPATION IN THE SERVICES

1. Limitation of Liability

BRAINHACK911 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM THESE TERMS AND CONDITIONS, THE SERVICES OR YOUR USE OF OR YOUR PARTICIPATION IN THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM LOSS OF PROFITS, DATA, USE OR ANY OTHER LOSSES WHETHER OR NOT BRAINHACK911 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT OUR THIRD PARTY AGENTS AND EXTERNAL PARTNERS WILL NOT BE LIABLE UNDER THESE TERMS AND CONDITIONS.

1. Exclusions

Some jurisdictions do not allow limitations of certain warranties or liability for certain damages. If you reside in such a jurisdiction, some of the specific limitations listed in the Disclaimer of Warranties and Limitation of Liability in these Terms and Conditions may not apply to you.

1. Changes to the Services

BrainHack911 may change, suspend or discontinue any of the Services at any time. You acknowledge and accept that BrainHack911 will not be responsible or liable for any change, suspension or discontinuation of the Services.

1. Termination

1. Changes to the Terms and Conditions

BrainHack911 may change the Terms and Conditions at any time. Changes will take effect immediately and the new Terms and Conditions will be made available on the BrainHack911 website. If you use our Services after the effective date of the new Terms and Conditions, you acknowledge and accept the updated Terms and Conditions.

1. Contact Information

If you have any questions about these Terms and Conditions, please contact the BrainHack911 by email at [email protected] or by regular mail at:

BrainHack, LLC

Attn: Communications Officer

Houston, Texas