This Terms of Service Agreement (the "Agreement") governs your use of www.BrainGiggles.com (the "Website"), Brain Giggles LLC offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. BRAIN GIGGLES reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website.
Terms of Offer: This Website offers for sale certain products. By placing an order for these Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify BRAIN GIGGLES of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from BRAIN GIGGLES and its designated in house or third party team(s).
Opt Out Procedure: We provide easy ways to opt out of from future solicitations. You may choose to opt out via sending your email address to: email@example.com
Proprietary Rights: BRAIN GIGGLES has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by BRAIN GIGGLES. Also, BRAIN GIGGLES has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Taxes: If you purchase any Products, you will be responsible for paying any applicable taxes like VAT etc.
Colors: We have made every effort to display our products as accurately as possible. However, we cannot guarantee the colours of the products that appear on your monitor or screen’s display will be completely accurate with that of displayed on the Website, as computer monitors and screens of electronic devices vary.
Content; Intellectual Property; Third Party Links: In addition to making Products available, this Website also offers information and marketing materials. BRAIN GIGGLES does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that BRAIN GIGGLES does create the content on this Website, such content is protected by intellectual property laws of the UAE, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. BRAIN GIGGLES does not endorse the contents on any such third-party websites.
Use of Website: BRAIN GIGGLES is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non-commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from BRAIN GIGGLES or the applicable third party (if third party content is at issue).
Posting: By posting, storing, or transmitting any content on the Website, you hereby grant BRAIN GIGGLES a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.
Governing Law; Jurisdiction: This Website originates from Dubai, UAE. This Agreement will be governed by the laws of the UAE without regard to its conflict of law principles to the contrary. Neither you nor BRAIN GIGGLES will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in UAE. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Assignment: You may not assign your rights and obligations under this Agreement to anyone. BRAIN GIGGLES may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRAIN GIGGLES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BRAIN GIGGLES MAKES NO WARRANTY:
BRAIN GIGGLES ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
BRAIN GIGGLES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM
You will release, indemnify, defend and hold harmless BRAIN GIGGLES, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to BRAIN GIGGLES.