Terms of Service
HAPPYneuron Pro games and programs are brought to you by HAPPYneuron SAS (“HAPPYneuron”), a company duly organized under the Laws of France, having a capital of 100,000€, and having its registered office at 52 quai Rambaud - 69002 Lyon, France. Your use of HAPPYneuron Pro is subject at all times to our Terms of Service and our Privacy Policy. Your HAPPYneuron Pro member account (“Account”) and all of the games, modules, programs, activities and other services, regardless of when they are added to HAPPYneuron Pro, are governed by our Terms of Service.
HAPPYneuron may update or revise the Terms of Service at any time. If we revise the Terms of Service, such revision shall be effective thirty (30) days after posting the new Terms of Service on HAPPYneuron Pro. You agree to review the Terms of Service periodically to become aware of such revisions. You can view the Terms of Service at any time by clicking on the Terms of Service link at the bottom of the home page. Your continued use of HAPPYneuron Pro thirty (30) days after a revised Terms of Service is posted on www.scientificbraintrainingpro.com will mean that you accept all such revisions. If you don't agree to the changes, or to any of the terms in this Terms of Service, your only remedy is not to use HAPPYneuron Pro and to cancel your account(s.)
If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate any and all accounts that you have established. You acknowledge that HAPPYneuron is not required to provide you notice before terminating your Account, but it may choose to do so.
The Terms of Service constitutes the entire agreement between you and HAPPYneuron regarding your rights and obligations in your use of HAPPYneuron Pro. If there is any conflict between the Terms of Service and any other rules or instructions posted on HAPPYneuron Pro, HAPPYneuron shall resolve the conflict in its sole discretion. If you have questions about the Terms of Service, please contact us by sending an email to support@happy-neuron.com.
Limitations on warranty and liability
YOU EXPRESSLY AGREE THAT THE USE OF HAPPYneuron Pro, HAPPYneuron Pro SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. HAPPYneuron Pro, HAPPYneuron Pro SOFTWARE, HAPPYneuron’S PRODUCTS AND SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. HAPPYneuron PROVIDES HAPPYneuron Pro ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE HAPPYneuron Pro AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT HAPPYneuron WILL HAVE ADEQUATE CAPACITY FOR HAPPYneuron Pro AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HAPPYneuron OR ITS LICENSORS IS TO STOP USING HAPPYneuron Pro, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT HAPPYneuron, ITS SUBSIDIARIES, LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON HAPPYneuron Pro. IN NO CASE SHALL HAPPYneuron OR ITS SUBSIDIARIES, LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "HAPPYneuron AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO HAPPYneuron FOR HAPPYneuron Pro. IN NO CASE SHALL HAPPYneuron OR HAPPYneuron AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF HAPPYneuron Pro, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH HAPPYneuron Pro. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HAPPYneuron’S AND HAPPYneuron AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. HAPPYneuron DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH HAPPYneuron Pro AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Indemnification
Upon request by HAPPYneuron, you agree to defend, indemnify and hold harmless HAPPYneuron and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible. HAPPYneuron reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to HAPPYneuron in that matter. This Section shall survive termination of this Agreement.
Medical disclaimer
HAPPYneuron Pro is not an attempt to practice medicine or provide specific medical advice. Information published on HAPPYneuron Pro is intended to improve, not replace, the relationship that exists between a patient/website visitor and his/her Health Care Professional. This site may also provide links to the web sites of other websites that provide health information that may be written by their respective staff, physicians or health care providers, or contracted from outside providers. These links to other web sites are provided for your convenience. HAPPYneuron is not responsible for the availability, accuracy, or content of these outside sites, nor does it endorse them.
Other legal terms
You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the HAPPYneuron Terms of Service and the HAPPYneuron Privacy Policy, including HAPPYneuron’s enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your Membership. As noted above, Member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with HAPPYneuron or relating in any way to your Membership or your use of HAPPYneuron Pro resides in the courts of Northern California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Northern California in connection with any such dispute including any claim involving HAPPYneuron or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.
The product may contain Adobe Shockwave™ Player and Adobe Flash™ Player software by Adobe Systems Inc. All rights reserved. Adobe, Shockwave and Flash are trademarks of Adobe Systems Inc. All other trademarks are the property of their respective owners.
The editorial manager is Mr. Franck Tarpin-Bernard, President of HAPPYneuron SAS and individual shareholder of Scientific Brain Training, mother company of HAPPYneuron SAS.
© 2014 HAPPYneuron SAS. All rights reserved.