Terms of Use

Welcome to the website of Brain Drain, Inc. ("Brain Drain, Inc."). This website is best viewed using the most updated versions of most commercially available browsers.

Use of this website, and the information and materials distributed in within it, is made available to you only through your acceptance of these Terms of Use, our Privacy Policy and such other notices that may be posted on this website from time to time (collectively referred to herein as the “Terms of Use”). Your use of this website or of any content presented herein indicates your acknowledgment of and agreement to our Terms of Use. If you are not willing to be bound by and comply with all of the foregoing, you may not access or use this website or any of its content.

Brain Drain, Inc. shall have the right, at its sole discretion, to modify, add or remove any term or condition contained herein without notice or liability to you or any other person. Any changes to these Terms of Use shall be effectively immediately following the posting of such changes on this website. The most recent version of these Terms of Use may always be found at www.BrainDrainInc.com/Terms-of-Use.html . You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes.

Disclaimer

This website is for informational purposes only and is not intended to provide specific commercial, financial, tax, or legal advice. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever. Unless otherwise indicated on this website, you may display, download, archive, and print a single copy of any information on this website, or otherwise distributed from Brain Drain, Inc. for such personal, non-commercial use.

The performance of this website and all information contained on, downloaded or accessed from this website are provided to you on an “as is” basis, without warranties of any kind whatsoever, including any express or implied warranties or warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement of the rights of third parties. Brain Drain, Inc. shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person’s computer as a result of using this website.

Brain Drain, Inc. reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, all or any part of this website or any information contained thereon without liability or notice to you.

As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall Brain Drain, Inc. be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if Brain Drain, Inc. has been advised of the possibility of such damages.

Privacy Policy and CAN-SPAM Matters

You have read and agree to all of the terms and conditions of our Privacy Policy, which is located at: www.BrainDrainInc.com/Privacy-Policy.html You acknowledge and agree that, by providing us with your name and email address on the entry page of this website, you have subscribed to an e-mail newsletter. This e-mail newsletter is offered as a free service by Brain Drain, Inc., without cost or obligation. Should you wish to unsubscribe at any time from this free newsletter, you may do so by clicking on the unsubscribe link found at the bottom of the newsletter, or by notifying us via e-mail at . On occasion, subscribers have had trouble removing themselves from this free newsletter. If you encounter any similar difficulties, please contact us at  for personal attention.

By entering this website, you agree that you have opted-in to receive our newsletter by providing your first name and email address on our website, and agree that you will make no threats or take any action against Brain Drain, Inc. in the event you are unhappy with the content contained in our newsletter or that you subscribed or are not able to remove yourself from the mailing list, and you agree that the small inconvenience of receiving this newsletter will cause you no personal, emotional, or financial harm whatsoever.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal or credit card information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall not:

1. upload, post or otherwise transmit through or to this website any content that:
   • is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
   • might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
   • contains any viruses, Trojan horses, time bombs, or any other harmful programs or elements;
2. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks;
3. provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
4. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
5. attempt to collect information about visitors to our website or otherwise attempt to extract data or data fields, including without limitation any credit card information or e-mail addresses;
6. sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by Brain Drain, Inc.; and
7. redistribute, without our specific written consent, any content found on this website in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method.

By uploading, posting or otherwise transmitting through or to our website any content (including but not limited to testimonials or endorsements), you grant to us, our affiliates, successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy. This includes, but is not necessarily limited to, the right to reproduce, edit or create derivative works from such content.

Indemnification by User

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Third Party Websites, Content and Products and Services

You acknowledge and agree that your business dealings with any third parties, including any merchants or advertisers, found on, or accessed through our website and any of their services, including payment for and delivery of any goods and services, are solely as between you and such third parties. If Brain Drain, Inc. provides access to third party providers of goods and/or services, you acknowledge and agree that we may receive referral fees and/or other compensation from such third parties. You acknowledge that we assume no responsibility whatsoever for any charges, losses or liabilities you may incur when making purchases or completing transactions with such third parties, and we shall not be responsible or liable in any way for any loss or damage of any kind which you may incur as a result of, or in connection with, any dealings or transactions with such third parties. Furthermore, Brain Drain, Inc. assumes no responsibility for any content which you may find on sites that link either to or from us, including (without limitation) the accuracy of the information found on these sites, the compliance (or lack thereof) with any legal requirements applicable to these sites and for any viruses or other harmful programs that may be contained on these sites, nor is Brain Drain, Inc. responsible should any site contain content or links to other sites that you may find offensive.

By accessing third party services through our website, you hereby authorize such third party service provides to provide Brain Drain, Inc. with personal information regarding your use of and your activities with respect to the purchase and use of third party services and/or goods.

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such websites, (ii) the content, privacy policies or other terms of use on such websites or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

Proprietary and Intellectual Property Rights

"Brain Drain, Inc." as well as the stylized versions of these terms and the logo(s) associated with them, and the other identifying trade and/or service marks of Brain Drain, Inc. and its affiliates are and shall remain the exclusive property of Brain Drain, Inc. and any unauthorized use of these marks is unlawful. Other trademarks that may be displayed on this website are the property of their respective owners. All content on this website is the copyrighted property of Brain Drain, Inc. and is protected by international copyright law.

Our policy is to comply with all applicable intellectual property laws with respect to any content that we may post on this website. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice (which may be submitted electronically) containing all of the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
4. The address, telephone number or e-mail address of the complaining party.
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright infringement should be sent to:

Brain Drain, Inc.
3109 Knox St M/S 617
Dallas, TX  75205-4029
E-mail:

Please note that we are only able to correspond in English.

General

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court with jurisdiction over the parties, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

These Terms of Use shall be governed by and construed in accordance with the Federal laws of the United States of America and the laws of the State of Texas, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, Dallas, Texas.

Contact

If you have any questions, concerns, want to request a refund, or ask about our website or these Terms of Use, please feel free to contact us at the email address listed above.

Last Updated 08/24/2009