Brainwave reserves the right to take actions as may be necessary to prevent misuse of its E-mail system by unauthorized parties. Please remember that E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any personal or confidential information.
SCOPE OF USE
You may not use this site to engage in any illegal activity. You may not use this site to engage in conduct that is defamatory, libelous, threatening, or harassing or that infringes on a third party’s intellectual property or other proprietary rights. You agree that any information you provide through this site will be truthful and accurate.
AVAILABILITY OF PRODUCTS OR SERVICES
Not all of the products or services described on this Site are available in all geographic areas. You may not be eligible for all of the products or services described on this Site. Subject to applicable law, Brainwave reserves the right to determine eligibility for such products or services in its sole discretion or, as permitted by law or regulation, to change the products or services mentioned at any time without notice.
The information available on the Site is intended to be a general information resource regarding the matters covered, but is not offered as legal, accounting, or other professional advice, and is not tailored to your specific circumstance.
SUBMISSIONS MADE TO BRAINWAVE
By providing information or materials to this Site (other than personal information subject to the Brainwave Privacy Statement), you grant to Brainwave an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, and transmit such information and materials for any purpose, including without limitation, disclosing any such information and materials as necessary to satisfy any law, regulation, or governmental request. You agree not to submit or transmit any E-mails or materials through the website that (i) are defamatory, threatening, obscene, or harassing, (ii) contain a virus, worm, Trojan horse, or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws or regulations. Brainwave shall not be subject to any obligations of confidentiality regarding any information or materials you submit except as specified in the Brainwave Privacy Statement, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
Our Privacy Statement describes our use and protection of nonpublic personal information (“customer information”) and will help you understand how we treat the customer information that we obtain from you or other sources in the course of providing you with products and services. We urge you to read our privacy statement.
SECURE AREAS; PASSWORDS
Some portions of this site are restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored, and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.
If you are an authorized user of any restricted area, you are responsible to maintain the security/confidentiality of your password. DO NOT SHARE YOUR PASSWORD WITH ANYONE. Brainwave is entitled to act on instructions received under your password. Brainwave will not ask you for your password. If you know or suspect that your password has been compromised, change your password immediately. If you suspect any unauthorized activity related to your account, you should contact Brainwave. Brainwave will not be responsible or liable for any unauthorized access to your personal information that is not the direct result of intentional conduct on the part of Brainwave, or if you do not properly secure your password, or if you choose to share your password with anyone else. Brainwave may block access to secure areas without prior notice if Brainwave believes your password is being used by someone other than you or if any unauthorized access to your personal information has occurred or may occur, or for other reasons.
At this time, online quotes may not be available for all states or provinces, products, services, or coverage selections. For additional information about products, services, or coverage selections otherwise offered by Brainwave, please contact a Brainwave customer support. For additional information, please contact a Brainwave agent or managers in charge. It is your responsibility to ask any and all questions for clarification.
OWNERSHIP OF MATERIALS & RESTRICTIONS ON USE
The information on this website, along with any materials (including, for example, press releases and product descriptions) is the copyrighted work of Brainwave and is protected by New Zealand and worldwide copyright laws, trademark laws, other federal and state laws, and treaty provisions. Brainwave grants you permission to copy such materials so long as each copy:
- (i) is solely for informational, non-commercial use and is not modified or revised in any manner;
- (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original
- (iii) displays a statement that the materials are used solely with the permission of Brainwave. To seek permission for any other use, please contact Brainwave.
BULK E-MAIL AND OTHER PROHIBITED E-MAIL
The Brainwave computer network (which includes, but is not limited to, the technology and applications, which support the E-mail functionality Brainwave provide its officers, employees, independent contractor agents, and other authorized users) is the private property of Brainwave.
(1) commercial advertising
(2) informational announcements
(3) political or religious tracts; or (4) solicitations for funds or donations
Brainwave prohibits any E-mail transmission to be sent, or caused to be sent, over the Internet to any Brainwaveproducts.com E-mail addresses if the E-mail is intended to, or appears intended to, harass, embarrass, threaten, defame or impersonate any person, or if the E-mail is pornographic, offensive, indecent, discriminatory or offensive on the basis of sex, color, national origin, race, age, religion, sexual orientation or disability.
Brainwave prohibits any E-mail transmission to be sent or caused to be sent, over the Internet to any Brainwaveproducts.com E-mail address that makes use of a forged header or deceptive addressing, or which attempts in any manner to disguise the source of the E-mail.
Brainwave prohibits the harvesting or collection of the E-mail addresses of Brainwave agents and/or brokers and/or personal financial representatives from Brainwave for the purpose of sending bulk e-mails to Brainwave E-mail addresses.
Brainwave reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, to prevent bulk or other prohibited E-mail from entering, utilizing, or remaining within the Brainwave computer network. Nothing in this policy is intended to grant any right to transmit or send E-mail to, or through, the
Brainwave computer network. Brainwave’s failure to enforce this policy in every instance in which it might have application does not amount to a waiver of Brainwave’s rights.
LINKS TO OTHER WEBSITES
This Site may contain links to other sites. Brainwave provides links to other sites as a convenience to persons who visit the Brainwave Site. If you choose to use the services provided by those sites, you may be asked by those sites to provide certain personally identifiable information (some of which may, on an individual or aggregated basis, be shared with Brainwave).
Please be aware that Brainwave is not responsible for the privacy practices of those sites, even though Brainwave’s name or logo may appear on those sites. We encourage you to be aware of that when you leave our Site and to read the privacy policies of each and every website that you visit, as the privacy policies of those sites may differ from ours. Our Privacy Statement applies solely to this Site. Brainwave is not responsible for the contents of any linked site or any link contained in a linked site.
LINKS TO OTHER WEBSITES
Brainwave appreciates your interest in linking your website (the “Linking Site”) to Brainwave’s websites. In order to avoid misunderstandings regarding the use of Brainwave’s trademarks, trade names, and other proprietary information, Brainwave asks that you review and agree to the following guidelines:
- Third parties are authorized to include active links on websites they control to direct a browser to Brainwave’s “home page” at http://www.brainwave.watch/. However, third parties may not include on their websites links to any other page maintained on Brainwave unless they have received prior written permission from an officer of Brainwave or unless the Linking Site is an Internet search engine.
- Framing. Unless you have received specific written permission from Brainwave, you may not (a) “frame” or otherwise impose editorial comment, commercial material, or any type of identification on (or in proximity to) content displayed on the Brainwave website (“Brainwave Content”), (b) alter or modify Brainwave Content, or (c) “cut and paste” or otherwise reproduce Brainwave Content on the Linking Site.
- No Archiving. Your link must be to the current Brainwave only. In permitting linking, Brainwave does not grant you the right to reproduce, modify, cache, or archive the Brainwave Content for any purpose.
- Link At Your Own Risk. Brainwave makes no representations or warranties regarding the Brainwave, which are provided “as is.” Linking Sites link to Brainwave at their own risk. Brainwave is under no obligation to maintain Brainwave, provide or update Brainwave Content or otherwise support your link to Brainwave.
- Termination. Brainwave may revoke this license immediately if you fail to follow these guidelines. Brainwave may revoke this license upon five (5) days’ notice without cause.
RESERVATION OF RIGHTS
THIS WEBSITE IS PROVIDED ON AN AS-IS BASIS. TO THE EXTENT PERMITTED BY LAW, BRAINWAVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, EXPRESSED OR IMPLIED WARRANTIES OF MERCHANTABILITY AND, INCLUDING, FITNESS FOR A PARTICULAR PURPOSE. BRAINWAVE DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE BRAINWAVE SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. PRODUCT TERMS, CONDITIONS, AND EXCLUSIONS NOT DESCRIBED ON THIS SITE MAY APPLY. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
YOUR USE OF THE THIS SITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, BRAINWAVE DISCLAIMS LIABILITY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION OF THIS SITE (INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM INTERRUPTIONS OF SERVICE OR DELAYS OR ERRORS IN OPERATION OR TRANSMISSION), EVEN IF BRAINWAVE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Access to this Site from territories where the content of this Site may be illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws or regulations.
DISCLAIMER OF WARRANTIES
All information, products, content, and other materials in the Site, accessible from the Site, or in a Third-Party Site are provided “as is” and without warranties or representations of any kind, either express or implied. This means that Brainwave expressly disclaims all warranties, express or implied, including without limitation the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose. In addition, Brainwave does not represent or warrant that:
(i) the operation of the Site will be error-free or uninterrupted;
(ii) defects will be corrected;
(iii) the Site, any emails sent by Brainwave, or the server that makes the Site available are free of viruses or other harmful devices;
(iv) the Site will be available to you or that you will qualify for products or services offered;
(v) the materials in the Site will be accurate as of any particular date; or
(vi) the products or services offered through the Site are available outside of New Zealand or in jurisdictions in which Brainwave is not properly licensed. If you are in a state that does not allow a disclaimer of implied warranties, the above disclaimer or a portion of it may not apply to you.
LIMITATION OF LIABILITY
Brainwave shall not be liable for any loss, damage, injury, or claim, nor any special, indirect, incidental, consequential, exemplary, or punitive damages of any kind, whether such action is based on tort, contract, negligence, strict liability, or otherwise and even if Brainwave has been advised of the possibility of such damages, which arises out of or relates in any way to
(i) the Site, materials in the Site, or the inability to use the Site;
(ii) any Third-Party Site, materials in any Third-Party Site, or the inability to use any Third-Party Site;
(iii) any defect, omission, error, interruption, delay, or computer virus; or,
(iv) except as a result of Brainwave’s gross negligence or intentional actions, the unauthorized alteration of or access to your transmissions or personal data.
If you are in a state that does not allow the limitation of liability for certain damages, the above limitation of liability or a portion of it may not apply to you. However, you agree in any event that Brainwave’s total liability for all damages, losses, injuries, or claims of any kind or nature shall be limited to the amount you have paid to access the Site.
JURISDICTION, ENFORCEABILITY, AND TERMINATION