Terms of Use

1. Acceptance of terms and Conditions; License
By using the Services, you are expressing your acceptance of and willingness to be legally bound by these Terms, as amended from time to time. Your ability to access and use our Services is also subject to our Privacy Policy and Fees and Cancellations Policy, the terms of which can be found directly on the Brainx Store webpage. By using the Services, you consent to the terms and conditions of all Brainx Store policies.

Your use of a particular Brainx Store webpage included within the Brainx Store website may also be subject to additional terms outlined elsewhere on such webpage. You may not use the Services without accepting these Terms.

Individuals must be 18 years of age or older to use the Services, or, if under 18, be at least 13 years old and have the consent and active involvement of a parent or legal guardian. If you are agreeing to these Terms on behalf of a legal entity, you represent to Brainx Store that you have the authority to bind such entity and its affiliates to these Terms. In such case, the term “you” or “your” as used herein will also refer to such entity and its affiliates. Subject to your compliance with these Terms, Brainx Store grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the term of your Membership or direct access.

2. Modifications of Terms and Conditions
Brainxstore may, from time to time and in its sole and absolute discretion, amend or modify these Terms with or without notice to you; provided that Brainxstore will use commercially reasonable efforts to give you at least 7 days’ notice prior to the change. Notifications regarding the policy modifications or amendments will be posted directly on Brainxstore’s website. Additionally, an email notification will be sent to the email address provided to Brainxstore by our users. The most current version of these Terms will supersede all previous versions, and your use or continued use of the Services will constitute your acceptance of and willingness to be bound by such version of these Terms. The most current version of these Terms may be viewed at any time by clicking on the “Terms of Use” link at the bottom of Brainxstore’s websites.

3. Your Information and Content
As part of the Membership registration process (including free trials, as described below), website browsing, and order placement process on the Brainxstore mobile website, you will be required to provide certain personal identifying and financial information in connection with your Brainxstore account. You may also add additional personal information to your account profile at your discretion. Such information is not required but may improve the experience of our Services. All information you provide to Brainxstore, directly or indirectly, is subject to Brainxstore’s Privacy Policy, which you agree to by your use of the Services please review it carefully to understand Brainxstore’s privacy practices.

Subject to Brainxstore’s Privacy Policy, Brainxstore is free to use any comments, information, ideas, concepts, reviews, and/or techniques provided by you to Brainxstore or its affiliates. The examples include, but are not limited to chat, email, phone, and/or questionnaires sent to users by Brainxstore, and posts or comments made on Brainxstore’s website, directly or indirectly (collectively, “User Content”), without any form of compensation, acknowledgment or payment to you.

Notwithstanding anything to the contrary, Brainxstore shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies. This includes but is not limited to, information concerning your User Content and data derived therefrom), and Brainxstore will be free (during and after the term hereof) to (a) use such information and data to improve and/or enhance the Services and/or for other development, diagnostic and corrective purposes in connection with the Services and other Brainxstore offerings, and (b) disclose such data solely in aggregate or another de-identified form in connection with its business. In furtherance of the foregoing, if you provide any suggestions, enhancement requests, recommendations, comments, or other feedback relating to the Services to Brainxstore, you agree that Brainxstore and its affiliates may freely use, reproduce, license, distribute, and otherwise commercialize your suggestions and feedback in connection with the Services and/or for any other lawful purpose, on a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual basis. Brainxstore will not be obligated to implement any suggestions, or feedback, or correct any defects, bugs, or errors in the service identified in the feedback or otherwise.

In addition to the foregoing, you hereby also grant to Brainxstore a nonexclusive, worldwide, transferable, sublicensable (to its subcontractors and service providers), irrevocable, royalty-free, fully paid-up license to access, use, display, reproduce, modify, and process your User Content in accordance with these Terms and Brainxstore’s Privacy Policy, as each is amended from time to time.

4. Restrictions and Responsibilities
You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services; use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party, or remove any proprietary notices or labels.

Furthermore, you may not remove or export from the United States or allow the export or re-export of the Services or anything related thereto, or any direct product thereof in violation of any restrictions, laws, or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Software and documentation are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by these Terms and will be prohibited except to the extent expressly permitted by these Terms.

You represent covenant and warrant that you will use the Services only in compliance with Brainxstore’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. Although Brainxstore has no obligation to monitor your use of the Services, Brainxstore may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, and the like (collectively, “Equipment”). You shall also be responsible for maintaining the security of the Equipment, your account, passwords, and files, and for all uses of your account or the Equipment with or without your knowledge or consent.

You are not permitted to (a) transfer or otherwise make the Services available to any third party; (b) provide any service based on the Services without our prior written permission; (c) post links to third-party sites or use their logo, company name, etc. without their prior written permission; or (d) use the Services for spamming, scamming and/or other illegal purposes.

You agree that you will not upload to the Services or create any content that depicts violence, nudity, or partial nudity or is unlawful, sexually suggestive, pornographic, offensive, discriminatory, threatening, libelous, defamatory, obscene, or otherwise violates any third party’s rights, including intellectual property and/or privacy rights, or that otherwise violates these Terms.

5. Membership and billing
As an online reseller, after registering for and logging in to your Brainxstore account, you can review and modify the specific details of your Membership status, purchases, and billing information at any time by clicking the “Pricing Plan” link within your Brainxstore account. Without limiting the following, you agree to Brainxstore’s Fees and Cancellations Policy.

Free Trial Period
Brainxstore encourages the initial use of the Services through a free trial Membership. Free trials are only available to first-time users of the Services and cannot be combined with any other promotional offer. Only one (1) free trial may be redeemed by you or your affiliates (e.g., a retailer, such retailer’s organization, and its agents).

To redeem a free trial offer, you must have Internet access. No charges will be made to any payment methods added to your account until the end of the free trial period. The day you start your free trial (based on Mountain Standard Time) is considered day one of your trial, regardless of the time of day you register. Once your free trial expires, you must have a valid form of the currently accepted methods of payment, which will be used to automatically bill the Membership cost applicable to the plan provided to you during the free trial.

Membership Subscription
Brainxstore offers a variety of Membership subscription plans that may vary from time to time at the sole discretion of Brainxstore, including special promotional plans with discounted pricing, an extension of the subscription period, and bundled products and/or services (collectively “Plans”, each a “Plan”). A given Plan may not be available for your Membership at any given time, and Brainxstore is under no obligation to offer you the same Plan offered or subscribed to by another Brainxstore customer. Brainxstore reserves the right to modify, terminate or otherwise amend offered Plans. If a promotional Plan is made available to you during your free trial and you elect to upgrade to such a promotional Plan, you acknowledge that your free trial will be immediately terminated upon submission of payment in respect of such a promotional Plan. To the extent third-party products and/or services are bundled with a Plan, Brainxstore explicitly disclaims any, and all responsibility and liability with respect to such third-party products and services. For Brainxstore Memberships purchased over the phone: YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THE TRANSACTION OR RECEIPT OF THE PRODUCT, WHICHEVER IS LATER. All requests must be in writing or email and must be postmarked or electronically date stamped within the cancellation period. All requests for cancellation must be sent via email to Customer Support or traditional mail to Brainxstore’s headquarters: 3401 N Thanksgiving Way Suite 150 Lehi, UT 84043.

Billing (for more information, please see Brainxstore’s Fees and Cancellations Policy)
Upon registering for your Membership and selecting an available Plan, your Payment Method will be charged an automatic recurring monthly, quarterly, or yearly subscription fee applicable to your selected Plan, any applicable tax, and any other charges you may incur in connection with your use of the Services (collectively, and as modified from time to time in the sole discretion of Brainxstore, the “Subscription Fee”). The Subscription Fee is charged on a monthly, quarterly, or annual basis. The anniversary of the commencement of your Membership (or, if such date does not occur in a given month, the last day of the applicable month) automatically and without notice to you, unless and until either you terminate the automatic renewal or Brainxstore terminates your Membership. You must cancel your Membership prior to the end of the then-current billing period to avoid being charged for the following billing period, and such amounts shall accrue regardless of the validity of your Payment Method. You can verify the date on which the next Subscription Fee will be charged at any time by clicking the “Billing Details” link in the “My Account” section within your Brainxstore account.

ALL FEES AND CHARGES (INCLUDING SUBSCRIPTION FEES) ARE NON-REFUNDABLE. Brainxstore reserves the right to modify Subscription Fees and any other fees and/or charges in effect, or add new fees and/or charges from time to time; provided that Brainxstore will give you advance notice of these changes through email and/or post a notification to your Brainxstore account. You are responsible for all taxes associated with your use of the Services and products purchased in connection therewith.

It is your responsibility to maintain a valid up-to-date payment method on file. payment methods may be updated at any time by clicking the “Change Payment Method” button in the “Pricing Plan” section within your Brainxstore account. If any charge to your payment method fails, then (a) you grant Brainxstore the right to re-attempt to process and bill your payment method for up to 180 days, and (b) you will be responsible to pay all fees and expenses (including collections fees) incurred by Brainxstore in connection with obtaining payment in full for all accrued but unpaid amounts. Any amounts overdue by more than 30 days shall accrue interest from the initial date of nonpayment at a rate per annum equal to the lesser of five percent (5%) and the highest rate allowed under applicable law. Without limiting the foregoing, Brainxstore may suspend or terminate your Membership and/or your Brainxstore account at any time without notice in connection with non-payment of Subscription Fees or any other amounts due to Brainxstore hereunder.

Cancellations (for more information, please see Brainxstore’s Fees and Cancellations Policy)
You may cancel your free trial or your paid membership at any time (a) on the Brainxstore website via your online cancellation button, (b) via email, chat or phone with customer support.

Brainxstore DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH PARTIAL-QUARTER OR YEAR SUBSCRIPTION PERIODS. Without limiting the foregoing, no refunds will be issued for the “Data Export” service.

Brainxstore reserves the right to terminate your account for any or no reason with or without notice.

6. Product Sharing; Commission
As an influencer, you may share Brainxstore products with your social media followers to generate orders and earn a commission.

Influencer Account
First, an influencer account should be created on the Brainxstore Direct application, which can be downloaded from major phone application stores. The time zone used in the Brainxstore Direct application is Pacific Standard Time (PST). It is recommended to keep the status of your account active while using the Brainxstore Direct application, or you won’t be able to share products, generate orders, or withdraw the commission (see the following section.)

Product Discovery and Sharing
After your influencer account is registered and approved by Brainxstore. You will be able to view, search and discover products within the Brainxstore Direct application. You will see the product name, picture(s), details, as well as the commission payout you will receive from the item within the Brainxstore Direct application. The products available to you and the details of the products, including but not limited to their description, picture(s), and price are determined and may be modified from time to time without prior notice to you, by Brainxstore at its sole discretion. The products will be priced in US dollars. You may choose any product to share on a social media platform at a time. You may choose as many products to share on as many social media platforms as you like. However, the style and contents of the shared products and the social media platforms available to you are decided by Brainxstore at its sole discretion.

Buyers of Shared Products
When your social media follower(s) sees the shared product, they can click the shared link or scan the shared QR code, pay, and submit the order. The order will be sent to Brainxstore to review and approve. Brainxstore will make the decision to approve or reject any order at its sole discretion. Once the order is approved and shipped; the commission will automatically generate within your account and can be withdrawn. Orders are required to be paid and submitted within 30 calendar days of clicking the shared links, or scanning the QR code to be eligible for commission. If the order is not paid and submitted after 30 calendar days, the order will expire and is no longer considered an active order.

Commission Withdrawal
The Commission is calculated in US dollars.

When your commission is accumulated to a certain amount, once you hit the minimum withdrawal amount, you will be able to submit a request to withdraw. The withdrawal will happen automatically over a regular period. When a withdrawal happens, an application will be created, approved, and processed by Brainxstore. The withdrawn amount will be transferred to the bank account you connected to during your account setup. Transfers can take up to 5-7 business days, or even longer, to reflect in your account depending on your bank or financial institution. The minimum withdrawal amount and period are decided by Brainxstore at its sole discretion. Any withdrawal fees charged by your bank or financial institution are solely determined by them and are your responsibility to pay, and will be deducted directly from the withdrawal amount if there is any. It is your responsibility to maintain an active, up-to-date withdrawal account. Authorized accounts include PayPal, Payoneer, and your bank account. Brainxstore takes no responsibility if the commission withdrawal fails due to your failing to provide a withdrawal account and/or the account you provided is invalid, and/or you fail to keep the status of your Brainxstore Direct account as active. Brainxstore takes no responsibility if you fail to withdraw or receive the commission because you provided a valid withdrawal account, but such an account becomes invalid later, or it belongs to or is taken by a third party. We will notify you through email for both successful and failed withdrawals.

Commission Eligibility
After an order is paid, but has a refund request, or the order payment is disputed and/or has an active chargeback by the buyer, the commission will become ineligible. The commission is also ineligible if the respective order is obtained through deceptive, fraudulent, or illegal means. A withdrawal application for any ineligible commission will be rejected. If your withdrawal request is approved, but the rejected commission is included in the request, the rejected/ineligible commission will be removed prior to the transfer and will not be credited to you. In the event it already was approved and requested for withdrawal prior to becoming ineligible/rejected, that amount will automatically be deducted from your commission amount. In the event the amount was approved, transferred, then rejected, a negative balance will appear within your Account Transaction Records, and the same amount will be deducted from your future eligible commission. If the dispute is resolved in Brainxstore’s favor, the commission will remain ineligible/rejected.

Brainxstore reserves the right to terminate your Brainxstore Direct influencer account for any or no reason, with or without notice.

7. Using the Services Without a Membership
As a Brainxstore Direct buyer, you are not required to register with a retailer account on Brainxstore, for the purpose of using the Brainxstore mobile website (shop.Brainxstore.com) only, such as accessing the mobile website, browsing products, placing orders, etc. However, you must access the Services through a mobile device only, such as a phone, iPad, tablet, etc.

After you place an order, we will send an order confirmation email to the email address you provided at the time of registration. If you want to track your order’s shipping progress, request a return and/or refund, or just want to review the order’s information, you can do so from the order confirmation email sent by Brainxstore. It is suggested to bookmark or save this page for future access. Please do not share your order confirmation email or any other page(s) regarding your order details such as the return and refund information, shipping details, etc. with any third party. If this page is shared with a third party, the third party will have full access to your order’s information. Brainxstore takes no responsibility if you fail to receive your order because you failed to provide a valid or accurate shipping address, phone number, and/or consignee; or if you fail to receive the order confirmation email because you failed to provide a valid or accurate email address.

As a Brainxstore buyer using the mobile website (shop.Brainxstore.com), you agree to comply with the Brainxstore Shop Return & Refund Policy and other transaction-related rules. Please read and follow the policy for any order returns or refunds.

Brainxstore reserves the right to terminate your access to Brainxstore mobile website (shop.Brainxstore.com) for any or no reason with or without notice.

8. Services Access; Identity Protection
Subject to Brainxstore’s Privacy Policy, in order to provide you with ease of access to your account, Brainxstore will place a cookie (a small text file) on any computer or device from which you access the Brainxstore website. When you revisit the Brainxstore website, this cookie will enable us to recognize you as a previous user or as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. Even if you are a direct buyer on Brainxstore’s mobile website and don’t have an account, this cookie will enable us to recognize you as a previous user, and re-populate the previous orders you have placed on Brainxstore, auto complete the billing address you have provided for your previous order for you, etc.

You are responsible for updating and maintaining the validity and accuracy of the information you provide to us through your account settings. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices. You may not share your account with other people by providing them with your password. However, if you decide to share your account with other people, you take full responsibility for their actions and liabilities that may arise therefrom. Users of public or shared computers log out of the Brainxstore website at the end of each session.

If you discover that you are a victim of identity theft that is involved with an account on Brainxstore, we urge you to notify customer support as soon as possible. You should also report identity theft to any and all of your credit card issuers, banks, as well as your local law enforcement agency.

Brainxstore reserves the right to suspend and terminate your account at any time with or without notice if Brainxstore believes that such an account is involved in fraudulent activity. You will not be entitled to any refund and/or other consideration in connection with the suspension of your account by Brainxstore for any reason.

9. Product Sales and Other Services
This section applies to you in your capacity as a purchaser of products from Suppliers (as defined below) using the Services, even if you are additionally a Supplier. Suppliers are subject to additional terms and conditions which are made available to them in connection with qualifying to offer products through the Services.

Product and Venue Disclaimers
The Services include a venue or marketplace to connect you and other users with suppliers of wholesale and bulk products (each, a “Supplier”). Although each Supplier is an authorized distributor of the products it sells and is authorized to use the Services to market and sell such products, Brainxstore does not represent and explicitly disclaims, that any and all products are suitable for resale by you or anyone else in any given circumstance or jurisdiction.

You are solely responsible to ascertain a particular product’s (a) suitability for resale or use under your particular circumstances, no matter the resale venue you use (e.g., “brick & mortar” stores, an online store, online auctions, etc.), or the venue you use it, (b) lawfulness in the jurisdiction in which you desire to resell or use such product, (c) manufacturer terms and conditions (including but not limited to, applicable warranties and/or limitations on liability), and (d) applicable manufacturer policies or Minimum Advertised Price (MAP) restrictions.

In addition, Brainxstore may in its discretion, at any time and for any or no reason, impose corresponding penalties on any and all violations, and/or remove any product from the Services without notice to you or the applicable Supplier(s).

Contacting Suppliers
Brainxstore will provide you with certain identifying information about Suppliers, including a Supplier’s trade name and brand(s). Methods of contacting a supplier will be made available from within the Services. Notwithstanding the foregoing, Brainxstore’s agreement with a Supplier may restrict Brainxstore from allowing you to contact such a Supplier directly. In such cases, Brainxstore will take reasonable steps to contact the Supplier with the requested information on your behalf.

Regardless of whether you are permitted to contact a Supplier, and in Brainxstore’s sole discretion, your account or direct access may be suspended or terminated if you or anyone on your behalf contacts or attempts to contact a Supplier outside of the tools provided from within the Services, if any, and/or attempts to establish a direct relationship with a Suppliers outside of the Services.

Product Pricing
Brainxstore reserves the right to modify and adjust product prices at any time and from time to time without notice or liability, including but not limited to, correcting product pricing and/or typographical errors. You acknowledge that products pricing on Brainxstore fluctuate as a result of the Supplier changing the products sale price and that Brainxstore has no control over any Supplier’s pricing, shipping and handling charge policies, and other charges and fees, which may result in continual and unpredictable product pricing changes at any time.

Product Descriptions and Specifications
You acknowledge that all product specifications and descriptions are provided solely by Suppliers and that Brainxstore is not responsible for the accuracy of any or all information provided by Suppliers. Brainxstore makes no warranty, expressed or implied, with respect to the accuracy of such information. In addition, due to size, volume of requests, and resource constraints “Data Exports” may not be current at all times and may be delayed and/or contain data that is older than what is displayed on Brainxstore’s website.

Supplier products and manufacturer names are listed for identification purposes only and in no way represent an endorsement of the applicable Supplier by such manufacturer. It is your responsibility to ensure that a product’s information is correct, authentic, and aligns with the manufacturer’s official description and specifications. You further agree to report to Brainxstore’s customer support team as soon as possible any incorrect and/or fraudulent product listings and identify the allegedly incorrect or fraudulent elements of such listings.

Product Orders; Changes and Returns
When purchasing any product from a Supplier from Brainxstore’s desktop or mobile websites, or the Brainxstore Direct application using the Services, you agree that you are responsible for reading the entire product listing and, by completing the product order process, entering into a binding contract to purchase such product from such Supplier or Brainxstore. Brainxstore is not responsible for losses or damages you may incur as a result of erroneous or misplaced product orders or typographical errors associated with any purchase or shipping information you enter within Brainxstore. It is your sole responsibility to review and verify the accuracy of each order, including but not limited to, the item being purchased, item pricing, item shipping and/or handling costs, and any other applicable terms prior to submitting an order. The foregoing applies universally regardless of the method of order placement (e.g., single orders, batch orders, APIs).

Each Supplier determines its own return, replacement, and refund policies applicable to the products you purchase from such Supplier and may modify those policies at any time. Brainxstore directly determines such policies on and only for Brainxstore Direct. You are responsible for reviewing and becoming familiar with each policy provided by the Supplier(s) prior to placing an order and agree to abide by such policies with respect to the applicable orders. Failure to comply with any such policy may result in a rejected and/or reduced return, replacement, or refund. You can view Brainxstore Supplier’s policies at any time by clicking the “Supplier Info” link on the “Products” section within Brainxstore and/or Brainxstore Direct’s policies within the Brainxstore application and mobile website.

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