Terms of service

 

TERMS AND CONDITIONS OF USE

Last Updated on 18 April 2023

 

PLEASE READ CAREFULLY! THE FOLLOWING CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

THIS CONTRACT INCLUDES A REQUIREMENT FOR USING BINDING ARBITRATION.

 

These​ ​Terms​ ​and Conditions of​ ​Use, together with Our Privacy Policy (hereinafter “Terms”), ​are​ ​legally​ ​binding.​ ​It​ ​is​ ​Your sole responsibility​ ​to​ ​read​ ​these​ ​Terms ​carefully​ ​prior​ ​to​ using Our Site(s) or purchasing, accessing, or using​ ​any​ ​of​ ​Our​ Products (as defined below). 

You are legally bound to these Terms whether You have read them or not or purchased any of Our Product(s) or not.  If You do not agree with any of these Terms, please contact Us at the FastBraiin Support Center.  We will make commercially reasonable efforts to remove Your access to Our Site(s) and, if applicable, all Product(s).

GENERAL PROVISIONS

This website at domain www.FastBraiin.com, Our mobile application(s), and any other website or online platform purposed for the delivery of our Product(s) (collectively, the “Site(s)”) is owned and operated by Fast Braiin Services, LLC, or Its affiliated companies, as the case may be (hereinafter, “FastBraiin”, “Company”, “We”, “Us”, “Our”).  The FastBraiin® name and logo is a registered trademark owned by Fast Braiin, LLC, a FastBraiin affiliated company, and licensed for use to Fast Braiin Services, LLC.

The term “User”, “You”, or “Your” refers to any visitor, user, customer, or purchaser of Our dietary supplements and any other product(s), program(s), service(s) and Materials (as defined below), paid or unpaid, offered by FastBraiin, including​ those that are delivered, in whole or in part, as​ digital​ and online-hosted experiences such as coaching, on-demand or facilitated courses, memberships, community forums, and workshops (Our “Digital Portfolio”) (collectively, Our “Product(s)”).

All Products ​are owned by FastBraiin or licensed to FastBraiin by its respective owner, as the case may be, and provided to You by FastBraiin through Our Site(s).  These Terms govern and define how You are allowed to access and use Our Site(s) and Product(s) and for Your purchase transactions with Us.  We reserve the right to update and change these Terms at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.

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YOU MUST BE AT LEAST 18 YEARS OF AGE, OR THE AGE OF MAJORITY IN YOUR JURISDICTION, WHICHEVER IS GREATER, TO USE OUR SITE(S) OR USE OR PURCHASE OUR PRODUCTS.  Access of Our Products and Materials by a minor is a violation of use under these Terms, and We reserve the right to terminate Your access if such an issue is discovered.  Individuals under the applicable age may use Our Site(s) or purchase Our Products only through a parent or legal guardian's account and with their closely monitored involvement. 

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Use of Our Site(s) or Product(s) is at Your own risk.  We host Our Site(s) on reputable platforms and take commercially reasonable efforts to maintain the content and technical stability of the Site(s).  However, We make no explicit representations or warranties as to the safety of Your individual use of the Site(s).

MEDICAL DISCLAIMER

Neither Our Site(s) nor any Product(s) are intended to provide medical advice.

Some information on Our Site(s) and in Our Product(s) and related communications offered by FastBraiin® (“Materials”) may be prepared or presented, or both, by physicians, including Dr. Jim Poole, MD, the Founder and CEO of FastBraiin®, and other healthcare providers affiliated with FastBraiin®, or its affiliated companies, as well as by non-affiliated sources.  For clarity and simplicity, We have included Materials within the definition for Product(s).  UNDER NO CIRCUMSTANCES SHALL THE USE OF OUR SITE(S) OR THE PURCHASE OR USE OF OUR PRODUCTS ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP, NOR IS THE SITE(S) OR PRODUCT(S) AN ATTEMPT TO PRACTICE MEDICINE OR PROVIDE SPECIFIC MEDICAL ADVICE. 

Neither Our Site(s) nor Product(s) is intended to be a substitute for professional medical advice, diagnosis, or treatment.  USERS SHOULD ALWAYS CONSULT WITH A QUALIFIED PHYSICIAN OR OTHER HEALTHCARE PROVIDER AND FOLLOW THEIR ADVICE WITHOUT DELAY, REGARDLESS OF ANYTHING EXPERIENCED ON OUR SITE(S) OR PRODUCT(S).  Likewise, Users should not disregard or delay obtaining medical advice for any medical condition, including any mental health concern they may have, and should seek the assistance of their healthcare provider for any such conditions.

Our Site(s) and Product(s) content, such as graphics, images, text, and all other media, is provided for reference and educational purposes only.  The Site(s) and Product(s) are not meant to be complete or exhaustive or to be applicable to any specific individual’s medical condition.  The purchase or use of Our Site(s) and Product(s), including resources linked from Our Site(s), is at the User’s own risk.  FastBraiin® strives to maintain the Site(s) and Product(s) on a commercially reasonable basis; however, FastBraiin® cannot guarantee that Users will have access to Our Site(s) or Product(s) at all times.  We may revise or discontinue, in whole or in part, Our Site(s) and Product(s) at any time.

YOUR​ ​​USE​ ​AND​ ​CONSENT

When You registered for an account on Our Site(s) or purchased Our Product(s), You were given a reasonable notice that these Terms existed.  By moving forward with Your account registration or purchase of the Product(s) and further access of the Site(s) or Product(s), You implicitly agreed and continue to agree to abide by these Terms, as well as any disclaimers and privacy disclosures contained in these Terms.

INTELLECTUAL PROPERTY NOTICE

All dietary supplement formulations, all hardware, software, designs, and programming code for Our technology Product(s), and all images, text, designs, graphics, content, know-how, systems and approaches, business plans, trademarks, and service marks (“Intellectual Property”) are owned by and the property of FastBraiin, or the properly attributed party.  It is a violation of federal law to use any of Our Intellectual Property in whole or in part, and modification of any materials contained on Our Site(s) or in Our Product(s) is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our Intellectual Property immediately.

You may NOT use Our Intellectual Property in any way, which includes but is not limited to republishing any text, image, design, or other property on another website, or posting a quote or image from Our Site(s) to any third-party website including social media, or reverse engineering any of our formulations or technology, in whole or in part, without Our prior written authorization.  

For Intellectual Property related requests, please contact the FastBraiin Support Center.

YOUR MATERIALS AND CONTRIBUTIONS

By submitting a comment, photo, video, or other material(s) onto any Site owned or maintained by Us, including but not limited to third-party access sites, such as Our membership and community platforms, Facebook group(s) or online delivery platforms that We use to host and distribute Our Product(s), You agree that We have a non-revocable, commercial license to re-publish Your submission in whole or in part unless You explicitly state that We may not do so with said submission.  You have no right to privacy by accessing Our Product(s), and We reserve the right to disclose Your participation in the same.

PRODUCT REVIEWS

We may ask You to leave a rating and/or review of Your purchase.  If You choose to write a review, You must comply with the following guidelines:

 

  • You have used and/or accessed the Product(s) sufficiently to speak with reasonable knowledge as to its effectiveness, value, aesthetics or utility; and
  • You do not use any offensive language, such as profanity, hateful or racist speech; and
  • Your submission does not discriminate on the basis of race, gender, religion, nationality, age or disability; and
  • You have not used Your purchase in an illegal way, or made any implied or express claims to the same; and
  • You are not related to anyone who owns any part of Our Site(s); and
  • You are not claiming any false or misleading statements; and
  • You are not affiliated with or working for any individual, site or company we deem a competitor, at our sole discretion; and
  • You do not organize a campaign encouraging others to leave reviews, whether good or bad, unless otherwise authorized by FastBraiin to do so.

We reserve the right to accept or reject Your review at our sole discretion.  Reviews are not Our opinions or beliefs.  We do not assume any liability for any review or for any claim, issue, liability or loss resulting from any posted review.  By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MODEL​ ​RELEASE

You​ ​must​ ​own​ ​the​ ​copyright​ ​to​ ​any​ ​image(s)​ ​You​ ​use​ ​by​ ​default​ ​or voluntarily​ ​on​ ​Our​ Site(s) ​or​ ​in​ ​Our​ ​Product(s)​.​ ​You​ ​grant​ ​Us​ ​a commercial​ ​license​ ​to​ ​any​ ​image(s)​ ​You​ ​submit​ ​to​ ​Us​ ​by​ ​default,​ ​such​ ​as​ ​a​ ​Facebook profile​ ​photo​ ​or​ ​other​ ​profile​ ​image​ ​You​ ​voluntarily​ ​provide​ ​in​ ​accessing​ ​the​ ​Product(s),​ ​or voluntarily​ ​upon​ ​Our​ ​request.​ ​Such​ ​a​ ​default​ ​or​ ​voluntary​ ​release​ ​of​ ​Your​ ​image​ ​and likeness​ ​may​ ​be​ ​used​ ​for​ ​any​ ​reasonable​ ​future​ ​business​ ​use.

NOTIFICATION​ ​OF​ ​USE

​We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You submit by default or voluntarily. 

 

DIGITAL PORTFOLIO INTELLECTUAL PROPERTY 

LIMITED​ ​LICENSE

Any and all Product(s), paid or unpaid, that You access on Our Site(s) are under the sole ownership or licensed use of FastBraiin.

To be clear, We own Our Site(s) layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines, and trademarks (common law or federally registered).  You are not allowed to reproduce any part of Our Site(s), Product(s), or related communications.

You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or Materials in the Product(s) You have paid for or opted to receive.  If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, You have committed infringement in a manner that materially harms Us, and We have the right to seek damages and/or an injunction to remedy the situation until We are made whole.

You​ ​may:

  •  Access the Products for Your personal use (if additional members of Your family or support team need to access the Products, You must purchase additional Products at one per person, except for members of Your immediate family, unless otherwise agreed to in writing between You and FastBraiin).
  • Download and/or print any Product materials for Your personal use (if additional members of Your family or support team need to download and/or print any materials from the Products, You must purchase additional Products at one per person, except for members of Your immediate family, unless otherwise agreed to in writing between You and FastBraiin).
  • Use Our trademarks and copyrighted materials with Our prior written consent and provided You have communicated proper credit and marking, namely, citing © FastBraiin as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™, as applicable.

 You​ ​may​ ​not:

  • Re-sell or trade Your access to the Product.
  • Share the Product with anyone else who has not yet purchased it or opted in to receive it.
  • Reprint or republish any of the Product, in part or in whole.
  • Distribute any of the materials contained in the Product or related materials and/or communications as Your own, otherwise known as stealing.
  • Reproduce and tweak any part or whole of the Product for distribution as Your own work.
  • Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and more; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the Product (and its related communications and materials).
  • Use Our Product or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).

 

REQUEST​ ​FOR​ ​PERMISSION​ ​TO​ ​USE​ ​CONTENT ​

If You wish to use, publish, or access any of Our content, Product(s), or related materials, You must do so by requesting permission prior to commencing use of the same by contact Us at the FastBraiin Support Center.

CIVIL​ ​AND​ ​CRIMINAL​ ​PENALTIES

Even though the Products in Our Digital Portfolio are not necessarily something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms.  We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed.  You explicitly consent to personal jurisdiction in the State of North Carolina of the United States of America by opting into or purchasing any Product or accessing its related communications and/or materials.

SECURITY​ ​AND​ ​ASSUMPTION​ ​OF​ ​RISK

SECURITY

It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms.  We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe.  By utilizing these payment processors to gain access to the Product(s), You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms of use.

CONFIDENTIALITY

​You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.

ASSUMPTION​ ​OF​ ​RISK

​By accessing Our Products and/or related communications and materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take (or not take) as a result of the influence, information, or educational materials provided to You.

YOUR COMMUNICATIONS

Any communications made through Our ‘contact’ form, including the FastBraiin Support Center, blog, blog comments, community forums, newsletter sign up, or other related pages, or directly to Our phones, SMS systems, or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties.  We own any and all communications displayed on Our Site(s), comment feeds, emails, or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as social media or blog comments or emails.  For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business.  You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.

DISCLAIMERS

In addition to the Medical Disclaimer set forth above, You understand and agree, Our Site(s) and Product(s), and any related communications and materials, are provided for educational and informational use only.  You agree to indemnify and hold harmless Our Site(s) and FastBraiin for any direct or indirect loss or conduct incurred as a result of Your use of Our Site(s), Our Product(s), and any related communications and materials, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While We may reference certain results, outcomes or situations on Our Site(s), You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on the Site(s).  If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or Certified Public Accountant and/or Certified Financial Planner respectively.  We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using Our Site(s) or Product(s), and their related communications and materials contained therein.

Our Site(s) is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date.  You expressly acknowledge and understand that any information or knowledge You gain as a result of using Our Site(s) is used at Your own risk.  If You should see any errors or omissions and would like to let Us know, please contact Us at the FastBraiin Support Center.

EARNINGS​ ​DISCLAIMER

​You agree that You understand individual outcomes will vary.  Case studies or testimonials are not indicative of typical results.  Each individual approaches Our Product(s) with different backgrounds, support systems, financial resources, motivation, and other factors that are outside of Our control.  Therefore, We cannot guarantee Your success merely upon access or purchase of Our Product(s) or related communications and material(s).

GENERAL​ ​DISCLAIMER

TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY EXCLUDE ANY LIABILITY FOR ANY DIRECT, INDIRECT, OR OTHER CONSEQUENTIAL, SPECIAL, OR PUNITIVE LOSS OR DAMAGE INCURRED BY YOU OR OTHERS IN CONNECTION WITH OUR SITE(S) OR PRODUCT(S) FOR ANY REASON, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ANY ACCIDENTS, DELAYS, INJURIES, HARM, LOSS, DAMAGE, DEATH, LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, MISAPPLICATION OF INFORMATION, PHYSICAL OR MENTAL DISEASE, CONDITION OR ISSUE, PHYSICAL, MENTAL, EMOTIONAL, OR SPIRITUAL INJURY OR HARM, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME, AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER AND WHETHER CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.  We are not medical, legal, financial, or other professionals, or if We are, in the context of Your use of Our Site(s) or Our delivery and Your Use of our Product(s), We are not offering Our professional services, and You expressly agree We are not acting in any professional capacity, including medical (see specific Medical Disclaimer section at top of these Terms), legal, financial, or otherwise.  Our Site(s) and Product(s) are for informational, educational and entertainment purposes only.  None of Our Site(s), Product(s) or related communications and material(s) should be construed as medical, legal, or financial advice.

THIRD​ ​PARTY​ ​DISCLAIMER

You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.

WARRANTIES​ ​DISCLAIMER

WE MAKE NO WARRANTIES AS TO OUR SITE(S), PRODUCT(S) OR MATERIALS.  YOU AGREE THAT OUR SITE(S), PRODUCT(S) AND MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  WE DO NOT WARRANT THAT THE SITE(S), PRODUCTS OR MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE(S), OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR SITE(S), PRODUCT(S) OR MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

TECHNOLOGY​ ​DISCLAIMER

​We make reasonable efforts to provide You with modern, reliable technology, software, and platforms from which to access Our Product(s) and related material(s).  However, in the event of a technological failure, You accept and acknowledge Our lack of responsibility for said failure, and while We will make reasonable efforts to support You, some technological issues are far outside Our control and will require You to access support from a third-party provider, such as ​with our membership hosting provider.  

ERRORS​ ​AND​ ​OMISSIONS

​We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information on Our Site(s) or in Our Product(s).  We are not liable for any inaccuracies, errors, or reliance on personal opinions contained on Our Site(s) and in Our Product(s) or related communications and material(s).

INDEMNIFICATION,​ ​LIMITATION​ ​OF​ ​LIABILITY,​ ​AND​ ​RELEASE​ ​OF​ ​CLAIMS

INDEMNIFICATION

User ​​agrees​​ at ​​all​​ times​​ to​​ indemnify​​ and ​​hold​​ harmless​​ FastBraiin, and its members, officers, directors, shareholders, employees, contractors, consultants, joint​ ​venture​ ​partners, advisors, agents, successors, ​transferees, assignees, licensees, or affiliates (collectively “Indemnitees”),​ ​from​ ​and​ ​against​ ​any​ ​and​ ​all​ ​claims,​ including physical injury or death, ​causes​ ​of​ ​action,​ ​losses, damages,​ ​liabilities, costs​, ​and​ ​expenses,​ ​including​ ​legal​ ​fees​ ​and​ ​expenses,​ ​arising​ ​out​ ​of​ ​or​ ​related​ ​to​ FastBraiin Site(s) and Product(s)​.

LIMITATION​ ​OF​ ​LIABILITY

We​ ​will​ ​not​ ​be​ ​held​ ​responsible​ ​or​ ​liable​ ​in​ ​any​ ​way​ ​for​ ​the information,​ ​products,​ ​or​ ​materials​ ​that​ ​You​ ​request​ ​or​ ​receive​ ​through​ ​or​ ​in​ ​relation​ ​to​ ​Our Site(s) or Product(s).​ ​We​ ​do​ ​not​ ​assume​ ​liability​ ​for​ ​any​ ​third​ ​party​ ​conduct,​ ​accidents,​ ​delays,​ ​harm, or​ ​other​ ​detrimental​ ​or​ ​negative​ ​outcomes​ ​as​ ​a​ ​result​ ​of​ ​Your access​ to or use ​of Our Site(s) or Your​ ​purchase, access​ to or use ​of​ ​Our​ ​Product(s) and​ ​related​ ​material(s).

AFFILIATES

FastBraiin may use affiliate links to sell certain products or services.  We disclaim any and all liability as a result of Your purchase through one of these links.  We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms.  You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on Our Site(s) or related communications.

TERMINATION

If at any time We feel You have violated these Terms, then We shall immediately terminate Your use of Our Site(s), Product(s), and any related communications as We deem appropriate.  It is within Our sole discretion to allow any User’s access of Our Site(s), and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our Site(s).

FINANCIAL​ ​CONSIDERATIONS

PRICES

The retail price of Our Product(s) (the “Price”) is subject to change at any time without notice.  We conduct periodic limited-time promotions for Our Product(s), which may include promotional codes for discounting the Price based on volume or recurring purchases (subscriptions) or offer shared- or no-cost shipping incentives on Your order (the “Sales Price”) as an example.  Sales Prices are for a limited time only, and while the relevant supplies or conditions last. 

We reserve the right to the following pricing management practices:

  •  To change Our Prices at any time without notice; and
  • To limit order quantity at any time without notice; and
  • Sales Prices and associated promotions are subject to change without notice; and
  • Sales Prices cannot be applied to previous orders; and
  • Rain checks are not allowed; and
  • Acceptance of promotional codes is at the sole discretion of FastBraiin.

PURCHASES AND PAYMENT

We accept multiple forms of payment through Our Site(s) shopping cart feature.  To see a list of the most current forms of payment We accept, visit Our Site’s checkout page.

You authorize Us to charge your chosen payment provider for the total amount stated on Your checkout cart screen.  You agree to abide by the terms and conditions of Your card issuer agreement and any other applicable third party agreement that may affect Your purchase with Us.  You agree to provide current, accurate and complete details as requested to process Your payment.  If necessary, You agree to update Your payment information in a timely manner so We can complete any outstanding orders and/or contact you as needed.

FastBraiin reserves the right to cancel an order if it believes that a fraudulent or abusive order has been placed.

You agree to pay any applicable shipping and/or handling fees as stated on Your checkout cart screen.

ERRORS OR MISTAKES IN PRICING

We reserve the right to correct any errors or mistakes in pricing, even if We have already received payment.  Any such changes will be conveyed in writing via email to notify You of Our correction and to allow You to take the most appropriate action in the event of such a correction or mistake.

REFUNDS AND RETURN POLICY

We are happy to work with each User until they are fully satisfied.  We allow returns for refunds for Product(s) purchased directly from FastBraiin and in accordance to Our refunds and return policy that was in effect at the time of purchase (date of Order confirmation).  Unless otherwise specified in a previous version as noted, the following terms are in effect:

  •  Item(s) must be shipped back to Us within thirty (30) days or less of purchase (date of order confirmation); and
  • Item(s) must be returned in their original packaging and in original condition; and
  • If an item is not received back in this condition, We reserve the right to offer You store credit instead of a refund, or ship the item back to You for You to keep, at Our discretion.

We will refund You using the same method in which you made your original purchase. You are responsible for return shipping costs.

PRODUCTS IN OUR DIGITAL PORTFOLIO - PURCHASE REFUNDS

Unless otherwise noted within the Product(s) offer terms and conditions, We allow refunds for our Product(s) in our Digital Portfolio for 100% of the original purchase price within three (3) calendar days of Your initial purchase or payment of the Product.  Provided the Product(s) You are returning does not have its own refund policy, Our general Digital Portfolio refund policy does not require You to have a virtual meeting with Us to explain Your reason for wanting to return nor do You need to prove effort. Simple.

Effect of Return:  Upon confirmation of Our acceptance of Your return, Your access to the Product(s) and all related platforms and materials will be revoked, including any bonus materials that were made part of the offer. We will promptly process Your refund with Our payment processor using the same method in which you made your original purchase; however, timing for deposit of the return of funds is solely controlled by Your financial institution. 

PROMOTIONAL PRICING DEVICES AND PRICE ADJUSTMENTS

We are not able to accommodate a price adjustment after Your purchase.  Promotional pricing devices include discounts, coupon codes or sale periods.  Only one promotional pricing device is allowed per purchase, unless otherwise provided.

CHARGEBACKS

​​You agree to make every attempt to file a refund with Us prior to attempting a chargeback with Your financial institution.  In the event of a chargeback attempt, You expressly agree to forfeit any and all of Our Product bonuses, affiliate bonuses, or other materials afforded to You in exchange for Your original purchase of Our Product.  We reserve the right to present proof of Your access and these Terms to the financial institution investigating the dispute.

RECURRING​ ​PAYMENTS

If Your order contains a recurring charge for an auto-delivery Product subscription (e.g., dietary supplements or printed planner) or a membership (e.g., courses in our Digital Portfolio), then You consent to Our repeat payment processing at the frequency and in the amount agreed to under your initial setup purchase (e.g., every 30 days or annual). 

Your consent grants our continued access to Your credit card stored by Our third-party financial processing company without requiring Your prior approval for each recurring charge, until You or We cancel your recurring charge according to these Terms.

If Your payment fails, We will contact You and request You provide new payment information prior to your next shipment being sent. If your recurring payment is for a membership in Our Digital Portfolio, We will extend a 10-day (calendar) cure period before terminating Your access to the Product(s). It is Your responsibility to proactively provide Us with current and accurate shipping and payment information, and to contact the FastBraiin Support Center to communicate any changes in Your information. 

You may cancel Your recurring payments, and consequently Your access to the applicable Product(s), at any time and for any reason, unless otherwise stipulated by the terms of the Product offer You agreed to at time of initial purchase.  A refund will not be issued for any unused period of your subscription (if applicable to Product) or membership. To cancel, please contact the FastBraiin Support Center.  Your cancellation notice must be received no less than five (5) business days before your scheduled payment date to allow us the necessary time to process the request internally and to stop the payment with our third-party processor.

We do not guarantee the same Price if you cancel and later return to the recurring subscription or membership Product(s), nor do we guarantee the same Price for the lifetime of Your active subscription or membership unless the terms of the Product offer specified a fixed Price for a certain duration.  Recurring payments that are subject to a Price change will not be processed without Your expressed written permission.

PAYMENT PLANS

​If You have signed up for a payment plan, You hereby authorize Our continued access to Your financial information stored by Our third-party financial processing company until Your payment plan is complete, as set forth in Your acceptance of the purchase terms upon checkout.

REVOCATION​ ​OF​ ​ACCESS

​You have the unilateral right to terminate Your use and access to Our Site(s) and any of Our Product(s).  Please contact us at FastBraiin Support Center to initiate this process.  Termination will not excuse You of further payment.  Upon confirmation of Your termination, any and all outstanding balances will become immediately due and payable.  Any existing balance that remains after 30 days from the date of termination may be sent to a collections agency, at our sole discretion, and You agree to be responsible for any additional charges, fees, or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.

CURRENCY

All payments will be processed in US DOLLARS.

TAXES

Sales taxes will be applied to your order as required by law in either Your or Our local area(s) and shown as a separate line item on Your Order receipt.  Unless You provide FastBraiin with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Our acceptance of Your order, You are responsible for sales and all other taxes associated with Your order, however designated, except for Our business-income related taxes.

ORDER REVERSAL OR CANCELLATION

We reserve the right to refuse to fulfill any order placed on Our Site(s), in part or in full, and will issue a refund accordingly.  We reserve the right to limit or cancel quantities purchased by any given User or household at our sole discretion.  We may restrict order quantities based on personal data provided by You, such as orders placed under the same customer account, orders placed on the same payment method, and/or orders that use the same billing and/or shipping address.

NO RESELLING OR DISTRIBUTION OF OUR PRODUCTS

We expressly prohibit orders that, in Our sole discretion, appear to be placed in an attempt to resell Our products.  Unless otherwise agreed to by FastBraiin under a written reseller agreement, We expressly prohibit orders placed by resellers, dealers, distributors or wholesalers and will ban Your access to Our Site(s) in any lawful way possible if we discover Your prohibited use(s). 

BACKORDERS AND SOLD-OUT PRODUCTS

Occasionally Our inventory system fails to detect the actual quantity of Our products available.  If You make a purchase and we are unable to secure the quantity of items You requested, We will use commercially reasonable efforts to contact you to let you know the new expected fulfillment date, or if inventory will not be replenished.  If We determine inventory will not be replenished, We will cancel Your order and promptly issue you a refund.  If You do not wish to continue with Your order, We will issue You a refund, or store credit if You prefer, for the full amount You paid. 

SHIPPING

Your order will arrive at the shipping speed You selected at checkout.  We are not able to change Your shipping speed once Your order is placed.

Loss or damage that occurs during shipping by a carrier selected by FastBraiin is Our responsibility.  Loss or damage that occurs during shipping by a carrier You selected is Your responsibility. 

Occasionally, Your items may arrive damaged from shipping.  If this occurs, please contact Us at the FastBraiin Support Center and We will make commercially reasonable efforts to assist with the situation.  Often, it is the carrier’s fault and the best course of action in this instance is to contact the delivery service about their damage to Your order.

INTERNATIONAL ORDERS

If You are not located in the United States, You are considered an international purchaser.  It is Your sole responsibility to know and understand any limitations You may have importing Our Product(s) into your country, and to ensure You have the appropriate documentation pay any duties, taxes (including, but not limited to, GST and VAT) and customs fees.  We will provide Your shipment with a commercial invoice as necessary by law. 

If Your order, in whole or in part, is not cleared for release by Your customs agency, this is not Our responsibility, and for this reason, Your order does not have the benefit of Our refund policy.  In this case, we are unable to accept a return and You remain the responsible party for the full payment of Your Order to Us and all related taxes and fees to any third parties whether or not you have received final delivery of your Order.

DISPUTE​ ​RESOLUTION

If User and FastBraiin cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then User explicitly agrees to resolve any such dispute through binding arbitration as specified herein.

Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against FastBraiin, its members, officers, directors, employees, contractors, consultants, advisors, agents, successors, assigns or affiliates (collectively for purposes of this paragraph, “FastBraiin Representatives”) arising from or relating to these Terms, its interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms (including, to the full extent permitted by applicable law, relationships with third parties who are not parties to these Terms), FastBraiin’s advertising, any related access to or use of FastBraiin’s Site(s) or access to or use or purchase of FastBraiin’s Product(s), including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration. The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between User and FastBraiin. The arbitration shall be held in Raleigh, North Carolina, by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

NON-DISPARAGEMENT

​If You are found to be slandering, libeling, or otherwise disparaging FastBraiin, Our Product(s), or related communications or materials, Your access to Our Site(s) and Product(s) will be immediately terminated at our discretion.  We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm FastBraiin.

ENTIRE AGREEMENT

Before You register with Our Site(s) or make any purchases therefrom, You will be asked to consent to Our Privacy Policy.  If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms, and the information contained herein, constitute the entire agreement between Users and FastBraiin relating to the use of Our Site(s).

LAW AND JURISDICTION

These Terms are governed by and construed in accordance with United States law.  Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of North Carolina, United States of America.

CONSENT

By using Our Site(s), You hereby consent to Our Terms.

If You require any more information or have any questions about Our Terms, please feel free to contact Us at the FastBraiin Support Center.

ALL​ ​RIGHTS​ ​RESERVED​

All rights not expressly granted in these Terms or any express written here, are reserved by FastBraiin.

HEADINGS; WORDING

The section headings used in Our Terms are for convenience of reference only and do not form a part of these Terms, and no construction or inference shall be derived therefrom.  The word “including” or any variation thereof means “including, without limitation” and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it.

SEVERABILITY

If any part of these Terms is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

 

CONTACT INFORMATION

Fast Braiin Services, LLC

Attention: Business Operations
9650 Strickland Road, Suite 103-110
Raleigh, North Carolina 27615
United States
 
Click to access the FastBraiin Support Center