BRAINXCHANGE LLC TERMS AND CONDITIONS

LAST UPDATED 5/19/22

Welcome to the website of BrainXchange, a New York LLC (‘BrainXchange,’ ‘we,’ or ‘us’). Your use of this website (the ‘Site’) and any mobile applications, products, or services (‘Services’) connected therewith is subject to these Terms of Use (these ‘Terms’). By accessing and using our Site and Services, you are agreeing to these Terms. Please read them carefully. 

BrainXchange offers a variety of Services so additional terms may apply. Additional terms will be made available with the relevant Services.

Access You must be at least thirteen (13) years of age and have the capacity to agree to these Terms to use our Site or Services. In addition, if using our Site and Services as an employee, representative or other agent of any legal entity, you warrant that you have the authority to agree to these Terms on behalf of that entity. You are responsible for all fees charged by third parties related to your access and use of our Site and Services (e.g. charges by Internet service providers, and charges that may be imposed by third parties in connection with your participation in our events or Services.)

We reserve the right to modify, suspend or discontinue, temporarily or permanently, all or any portion of our Site or Services without notice. We will not be held liable for any modification, suspension or discontinuance of all or any portion of our Site and Services, or if our Site or Services are unavailable for any period of time. We also reserve the right to restrict, suspend, or terminate your access to our Site or Services at any time, for any or no reason, with or without prior notice, and without liability.

Restrictions You agree to use our Site and Services in compliance with any applicable law or regulation. You may not use our Site or Services (a) in any way that is unlawful or fraudulent, or has an unlawful or fraudulent purpose or effect; (b) for the purpose of harming or attempting to harm any individual; (c) to transmit or procure the sending of any unsolicited or unauthorized advertising, promotional material, or other form of solicitation (spam); (d) to interfere with, damage or disrupt any part of our Site or Services; or (e) to reproduce, manipulate, forge, impersonate or represent that you own or are affiliated with our Site or Services. 

You agree not to (a) infringe Intellectual Property or other rights relating to our Site and Services; (b) store, copy, modify, print, or otherwise exploit or tamper with the information, works, or other content made available on our Site and through our Services; (c) compile or collect any information from our Site or Services as part of a database or other work; (d) use our Site or Services in a manner that threatens the integrity, performance, or availability of the Site and Services; or (e) remove, alter, or obscure any proprietary or legal notices on any portion of our Site or Services. 

Anti-hacking You agree not to use or attempt to use any virus, spyware, malware, adware, Trojan horse, scraper, deep-link, bot, spider, data mining or other automated program, code or method to (a) use, copy or monitor any portion of our Site; (b) prevent or restrict the use of the Site; or (c) circumvent or disable any security features of the Site. You further agree not to gain unauthorized access to the Site or damage any equipment, software, network or server operated by BrainXchange through hacking, password mining, or other method. 

Changes in Terms of Use We reserve the right to amend these Terms without notice. By continuing to use our Site and Services, you agree to be bound by any such revisions to these Terms. 

Linking You may not frame any part of the Site or Services within any other websites or use in-line linking or other means of republishing any portion of the Site or Services on any third-party site or service without the prior written consent of BrainXchange. 

Third-party Content Our Site and Services may contain links to third-party websites, products or services. We do not control, endorse, or guarantee the accuracy, integrity, or quality of third-party websites, products or services. We are not responsible or liable, directly or indirectly, for any content, advertising or other materials available through third-party websites, products or services, or for any damage or loss that may arise from your use of third-party websites, products or services. 

Intellectual Property All text, images, data, information, and other content displayed or available on our Site or through our Services (‘Content’) are (a) the property of BrainXchange and/or its affiliates, suppliers, licensors, or designated owners and (b) protected by applicable intellectual property laws. You should assume that everything you see or read on our Site is copyrighted unless otherwise noted and may not be used without our prior written consent. The use of our Site or Services does not give you any ownership or legal rights to our ‘Content.’ 

‘BrainXchange,’ the BrainXchange logo, and any product or service name or slogan displayed on our Site are trademarks of BrainXchange or its partners, and may not be copied, imitated or used, in whole or in part, without the prior written consent of BrainXchange or the trademark owner. In addition, the look and feel of our Site and Services, including page layout, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of BrainXchange and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on our Site and in our Services are the property of their respective owners. Reference to any products, services, or content by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

Copyright Infringement We respect the intellectual property rights of others and ask you to do the same. For any copyright inquiries, please contact us at the following address: 

Attention: Copyright Agent BrainXchange LLC. 169 Madison Ave #2349, New York, NY 10016. 

Warranty Disclaimers Our Site and Services are provided on an ‘As Is’ and ‘As Available’ basis. We disclaim all warranties, express or implied, of any kind including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee any product or service offered through our Site or Services and will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of goods and services. Your use of our No advice or information, whether oral or written, obtained by you from us or through our Site or Services will create any warranty not expressly stated in this agreement. Some states may prohibit a disclaimer of warranties and you may have other rights that vary from state to state.

The maximum liability of BrainXchange and our affiliates for any claim or action (including but not limited to warranty claims) arising out of your use of our Site or Services will be limited to, in the sole discretion of BrainXchange, either (a) correction or deletion of any inaccurate content or link; or (b) refund of the amount, if any, you paid to us to use our Site or Services; regardless of the forum or whether any action or claim is based on contract, tort or otherwise. 

Limitation on Liabilities We and our affiliates, suppliers and licensors are not liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages or losses arising from your use of our Site and Services, including but not limited to lost business, lost profits, lost revenue, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial or intangible damages or losses, even if we have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. BrainXchange’s entire liability and your exclusive remedy with respect to any dispute with BrainXchange (including without limitation your use of our Site and Services) is to discontinue your use of the Site and Services. 

We are not responsible for correcting, maintaining or updating the information or materials (‘Content’) available on our Site or through our Services. We are not liable for any loss or damage caused by your use or reliance on any of the Content available on or through our Site or Services. We are not responsible for any third-party information provided on our Site or for information about our Services provided by third parties. 

If any of the above provisions in this section are not enforceable in an applicable jurisdiction, the maximum liability of BrainXchange and our affiliates will be limited to, in the sole discretion of BrainXchange, either (a) correction or deletion of any inaccurate content or link; or (b) refund of the amount you paid to us to use our Site or Services; regardless of the forum or whether any action or claim is based on contract, tort or otherwise.

Indemnity You agree to defend, indemnify and hold harmless BrainXchange and its suppliers, licensors, affiliates, officers, directors, employees, agents and contractors from any demands, claims, actions, suits, judgments, damages, liabilities, expenses or harms (including but not limited to litigation costs and attorney’s fees) arising from or related to the use of our Site or Services or violation of these Terms, online conduct, or dealings or transactions with other persons resulting from the use of our Site or Services. If you are using our Site or Services on behalf of a business, that business accepts these Terms. 

Privacy We may collect registration and other information about you when you use our Site or Services. Our collection and use of this information is governed by our Privacy Policy, available at https://www.augmentedenterprisesummit.com/privacy-policy. By using our Site or Services, you agree that BrainXchange can use such data in accordance with our Privacy and Cookie Policies. In connection with your use of our Site or Services, we may send you transactional or marketing communications. You may opt-out of these communications. Please refer to our Privacy Policy for full details. 

Notices & Jurisdiction Enforcement of these Terms will be governed by the laws of the State of New York, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of our Site or Services will lie in the State and Federal courts located in Westchester County, within the State of New York, and you irrevocably agree to submit to the jurisdiction of such courts. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

Accounts & Passwords At times, we may require you to have a password and provide registration details (‘Account’) to access our Services or areas of our Site (‘Password-protected Areas’). You are responsible for maintaining the confidentiality of any password(s) you create or receive to access any Password-protected Areas, and for all activities that occur under your password(s) or Account. You agree to notify us immediately if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise potentially compromised. If we do require registration details, you certify that the information you provide is correct, current and complete. We reserve the right not to issue a password or entry to any person or entity to use our Site or Services.

Contacting Us

If you have any questions, comments, or concerns about these Terms, please contact us using the following contact information:

BrainXchange LLC

169 Madison Ave #2349

New York, NY 10016

[email protected]