Brain Function Test

Terms & Conditions

These Terms of Use (also referred to hereafter as the “Agreement”), and our Privacy Policy, as each is amended from time to time, as well as all any other rules and restrictions set forth on www.brainfunctontesting.com, apply to you when you view, access or otherwise use the web site located at brainfunctiontesting.com (the “Website”) and our online services provided there through. The Website is owned by Brain Function Testing, LLC ("Brain Function Testing") and for the purposes of these Terms of Use, the terms “we”, “us”, “our”, and “Brain Function Testing”, refer to Brain Function Testing, LLC. “You” refers to you, as a user of this Website. By accessing or using the Website, you are acknowledging that you are either 18 years of age or have the consent of a legal parent or guardian and that you have read, understand and agree without limitation or qualification to be bound by these Terms of Use. If you do not agree with these Terms of Use, you do not have the right to access or otherwise use the Website and, accordingly, you should not do so. Although we may attempt to notify you if any major changes are made to these Terms of Use, you agree that each visit to the Website shall be subject to the then-current Terms of Use available on the Website. Accordingly, you should check these Terms of Use periodically for changes prior to using the Website. The Terms of Use are not limited to, but contain the following provisions:

1. The services furnished by the Brain Function Testing under the terms of this Agreement are NOT provided under any state-issued license or certified by any state or government agency.
2. The services provided to you are not being provided under the direction and supervision of a licensed professional.
3. You are not taking this test at the request of a Licensed Professional, the services being provided are not being selected by a Licensed Professional, and the report generated is not being reviewed by a Licensed Professional.
4. The content on this Website or from any report is for informational purposes only. Nothing from Brain Function Testing is intended as a substitute for a licensed physician's diagnosis, medical advise, or treatment. Always seek the advise of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay seeking diagnosis or treatment because of something your have read or learned from this Website. Reliance on any information provided by Brain Function Testing is solely at your own risk. If you think you have a medical emergency, call your doctor, got to the emergency room, or call 911 immediately. THE INFORMATION AND MATERIALS ON THIS WEBSITE AND REPORTS ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT, OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
5. You agree that any and all information provided through this Website is solely for the purposes of information and is NOT part of any protected health information under the Health Insurance Portability and Accountability Act (HIPAA). THE INFORMATION PROVIDED THROUGH THIS WEBSITE WILL NOT BE DELIVERED TO YOUR PROVIDER OR ANY OTHER LICENSED PROFESSIONAL.
6. You specifically acknowledge that the services provided under this Agreement are not covered by insurance, and that the payment made through the charges or subscription fees incurred in conjunction with your account on the Website are the sole means of remitting payment.
7. You agree to pay the charges or subscription fees associated with your account at the rates in effect and as notified to you at the time when the charges are incurred. We will bill all charges automatically to the credit card information which you have provided in connection with your Brain Function Testing account at the time of purchase or shortly thereafter. Unless we state in writing otherwise, all fees and charges are nonrefundable.
8. Unless otherwise expressly notified to you, if you have a subscription for a membership to Brain Function Testing, you are responsible for paying all periodic subscription fees. Membership is a monthly program with no pre-determined expiration date. That means you can cancel/end your Membership anytime you want after the first 12 months. If you purchase a membership subscription through the Website, by consenting to this Agreement and agreeing to be bound by the terms herein, you hereby authorize Brain Function Testing to charge your credit card (or other approved facility) linked to your Brain Function Testing account for each periodic subscription fee, including subscription fees for renewal terms. Payment will be made by automatic debit to such credit card (or other approved facility). Your membership subscription will be automatically renewed as a month-to-month subscription upon completion of the initial 12 month term at a price equal to the current regular, non-promotional price, and continually thereafter, unless you terminate the subscription online in advance of the renewal date pursuant to the process set forth below. You may not assign or transfer your subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to order subscriptions online. If Brain Function Testing does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by Brain Function Testing. Your card issuer agreement governs your use of your designated card in connection with these services and membership subscription, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT BRAIN FUNCTION TESTING, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY THAT WERE NOT AUTHORIZED BY YOU. You may terminate your membership subscription at any time; however you shall still be charged the fee for the minimum 12 month term. When you terminate a subscription hereunder, such subscription will not be automatically renewed and your access to the applicable services will be terminated on the expiration date. If you terminate your subscription and you have paid in advance, subject to the terms of this Agreement and your compliance therewith, you will continue to have access to the services on this Website through the expiration date of your subscription, but you will not be entitled to any refund of fees paid in advance for your subscription.
9. Free Trial Memberships with Brain Function Testing provide full access for a limited one week (7 day) time period, after which the normal listed membership subscription rate begins. Unless cancelled in writing before the trial ends, you agree to pay the monthly subscription fee for a period of 6 months, after which you can cancel at any point. You may terminate your membership subscription at any time; however you shall still be charged the fee for the minimum 6 month term.
10. You agree that any controversy between the parties regarding the construction, application, or performance of any services under this Agreement and any claim arising out of or relating to this Agreement or its breach, shall be submitted to binding arbitration with the National Center for Life and Liberty as the sole means of resolution of any claim. You agree to waive any right to bring any action outside of the binding arbitration proceeding described herein. You also agree to waive any right to bring a complaint to any governmental board or agency. You specifically agree that your right to binding arbitration before the National Center for Life and Liberty is your sole remedy to resolve any dispute arising out of or related to this Agreement.
11. This Agreement represents the entire agreement between you and Brain Function Testing and supersedes all prior or contemporaneous proposals, written or oral, understandings, representations, conditions, warranties, and all other communications between you and Brain Function Testing relating to the products and services on this Website. This Agreement shall be governed and interpreted in accordance with the laws and the Constitution of the state of Texas and the Constitution of the United States.
12. This is an important legal document. By electronically executing this Agreement, or utilizing our services, you acknowledge that you have had the right to review this document with the assistance of independent legal counsel.