By registering your practice for the use and resale of the BrainSpan Neuro-Fatty Acid Functional Health Assessment Kit, which is supplied by BrainSpan Health Sciences LLC (“BrainSpan”) you hereby represent, warrant, acknowledge and agree to the following, as the healthcare provider (the “HCP”) whose patients/clients (“Clients”) are the end-use of the device. You also agree to meet all reseller eligibility criteria as specified below and to the privacy policy regarding test and retest notifications and reminders unless you opt out of such services. This agreement can be modified at any time and the latest copy will always be made available to you within the Resources Tab of your portal account.

1. RESELLER agrees to offer BrainSpan’s Assessment for purchase (“Assessment”). Under this agreement, RESELLER will qualify for wholesale pricing on all purchases, providing they are made in wholesale quantities. All orders are subject to the applicable term of sale established by BrainSpan, who reserves the right to make amendments to pricing, minimum orders, and other terms from time to time. Reseller may not advertise publicly a price below $149.
2. The HCP may also provide his/her patient(s) with additional or contrary information, as determined appropriate by the HCP in his/her professional judgment . Accordingly, (a) BrainSpan shall be solely responsible for the administration of the BrainSpan Test, except however for the products of that are suggested therein for consideration, which shall be the sole responsibility of the HCP; and (b) the HCP shall be solely responsible for determining what information within the BrainSpan Test is ultimately recommended by the HCP to his/her patient(s), and thereby incorporated into his/her functional medicine practice, as determined by the HCP in his/her professional judgment. Such determination will be based on the HCP’s own assessment of the patient and whether the information is consistent with the needs of the patient and with the appropriate standard of care for functional and/or integrative medicine.
3. BrainSpan test has been independently reviewed by the FDA and the “collection kit” was determined to be compliant with the general wellness guidance put forth. Special consideration was given to the fact that the test involves breaking the skin with the lancet. However, the device termed a “lancet” that is used in the BrainSpan test is a third party device that has prior-approval for over-the-counter “pricking” of the skin for the purpose of obtaining a blood sample and is not experimental or unique. Therefore the testing process was determined to be low risk and not in need of a formal device submission as a low risk wellness device and self-administration is therefore permitted.
4. Practitioners who are generally not permitted to break the skin within specific state guidance: practitioners should consider the device as not subject to the intent of these regulations and has been reviewed and determined by the FDA to be approved for self-administration by the patient, may be distributed to the patient for self-care use at home, and fundamentally contains a device previously approved by the FDA as safe for over the counter distribution. In communications with both state licensing authorities and third party regulatory consultants, the BrainSpan test is not subject to the same restriction intended to limit the use of diagnostic laboratory testing and surgical procedures by non-trained, licensed practitioners. However, that said, the HCP is solely responsible for determining whether or not the BrainSpan Test is within the scope of his / her practice, pursuant to their respective state laws.
5. Regarding the report in the clinical version of the report, or “Pro” version, the FDA does recommend that a trained individual be available to answer questions regarding the interpretation of findings. In the supplementary education that comes with the findings, BrainSpan discusses the meaning of the metrics within the context of disease prevention or mitigation and how specific leve
6. Ultimately, The BrainSpan Test System is intended to be a general wellness product as defined in the FOOD and DRUG ADMINISTRATION (“FDA”) Guidance document “General Wellness: Policy for Low Risk Devices Guidance for Industry and Food and Drug Administration Staff Document” issued on September 27, 2019. (https://www.fda.gov/MEDIA/90652/DOWNLOAD). The results and insights provided by the BrainSpan Test are intended for informational purposes only to help Promote a PERSON’s healthy lifestyle, AND the device alone is not intended to diagnose, cure, mitigate, prevent, or treat any disease or condition. However, the report of findings in the “Pro” version does provide user education based on peer reviewed and well accepted scientific studies around the implications of scores and the risk of disease or likelihood of prevention of disease with correction of their metrics. Therefore it is recommended by the FDA that a practitioner knowledgeable in the areas of nutrition assessed by the device be available to answer questions by the patient/client should the need arise. Although BrainSpan provides a back-up means within all 50 states to provide this support by licensed practitioners, the intent is the practitioner not only distribute test kits to clients but be available to answer questions. Continued failure to do so is grounds for account termination.
7. The BrainSpan Test is sold as a fee for service by the HCP. Billing guidance is supplied to the HCP regarding appropriate reimbursement and applicable coding. The HCP, and not BrainSpan, is responsible for understanding, executing, and managing all reimbursement related claims related to the patient, or CUSTOMER(s) (the “PATIENTS”) for the BrainSpan Test whether wholly or in part is used for payment for the test.
8. The HCP specifically represents that either: (a) the HCP is not a “covered entity” as defined under The Health Insurance Portability and Accountability Act of 1996 or the regulations promulgated thereunder (HIPAA), or (b) the HCP shall not disclose or share any protected health information (as defined under HIPAA) of their Patients with either, or its supplier of the BrainSpan Test, BrainSpan Life Sciences, LLC (“BrainSpan”), unless otherwise authorized by the Patient to share such information.
9. BrainSpan is responsible and liable for all aspects (including scientific, legal and regulatory compliance) of the BrainSpan Test, except for the Products recommended therein. is responsible and liable for all aspects (including scientific, legal and regulatory compliance) of the specific Products recommended in any of the generated reports. And you, the HCP, is responsible and liable for all aspects of using your professional medical discretion to sell the test to any patient, for releasing any recommendation to the patient that may be inappropriate for a specific patient, for any recommendations made to any patient that are different or contrary to a recommendation contained in any of the generated reports, and for any other (in)actions related to your services provided as a medical provider.
10. BrainSpan is not acting on behalf of the HCP. Accordingly, the HCP shall be solely responsible for all medical and health care services and other activities of HCP, whether or not performed using the Healthcare Portal.
11. The HCP is granted a revocable, non-exclusive, non-transferable, limited right to access and use the online portal for the BrainSpan Test (the “Portal”) for the limited purpose of viewing their own Patients’ results from the BrainSpan Test. All ownership rights, title, and interest in the Healthcare Portal will remain the exclusive property of BrainSpan. Nothing herein shall convey any right, title or interest, including any intellectual property rights, in or to the Healthcare Portal to any HCP.
12. The HCP shall not; (a) disclose information obtained from the Healthcare Portal in violation of applicable laws; (b) sell, transfer, distribute, rent, sublicense, timeshare, lease or otherwise transfer or assign the Healthcare Portal, or copy, translate, reverse engineer, reverse assemble or decompile, use for competitive analysis, attempt to obtain the source code, create derivative works or grant any rights in the Healthcare Portal, in whole or in part; (c) alter, remove, deface, cover or otherwise obscure any copyright, trademark or other proprietary notices or branding included, embedded or contained in any part of the Healthcare Portal, in whole or in part; (d) gain unauthorized access to the Healthcare Portal, to other users' accounts, to other information, or to other computers or websites connected or linked to the Healthcare Portal; (e) use the Healthcare Portal in any manner or for any purpose that infringes, induces, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, regulation, or rule; or (f) assist any persons in engaging in any of the activities described above. HCP is responsible for all uses of the Healthcare Portal resulting from access provided by HCP.
13. All email communication received by the HCP over the Internet may not be secure and could be intercepted by others if HCP is not using an encrypted email service. In no event shall or BrainSpan be responsible for any unauthorized disclosure, data breach, or security incident resulting from use of unencrypted email communications by HCP, or for any delay, failure, interruption or corruption of the Healthcare Portal. Any use of third-party software provided in connection with the Healthcare Portal, or any third-party product or service accessed or used in connection with the Healthcare Portal, will be governed by the applicable third-party’s license or terms of use, and not by the Agreement.
14. At all times during the use of the Healthcare Portal: (a) BrainSpan, and the HCP shall comply with all federal, state and/or local laws, rules and regulations; (b) the HCP shall not permit any other person or entity to access or use the Healthcare Portal using HCP’s credentials; and (c) the HCP shall hold in full force and effect any and all such professional licenses and/or certifications required in each jurisdiction in which such HCP provides medical care, treatment or other services.
15. BrainSpan shall exclusively own any and all BrainSpan data obtained or resulting from the BrainSpan Test (the “BrainSpan Data”), together with any and all end-user patient registration and information collected from the Services (“Customer Information”). Notwithstanding the foregoing, BrainSpan shall not use any Customer Information to directly contact the end-user patients of the HCP for any marketing or sales-related purposes; however, for the avoidance of doubt, the foregoing shall not prevent or limit BrainSpan from otherwise selling its products and services to any end-user patient(s) acquired from general marketing efforts outside the Healthcare Portal.
16. The HCP shall keep the passwords and access credentials associated with the Healthcare Portal confidential and will be entirely responsible for all activities occurring under any user identification issued to HCP.
17. AND BrainSpan, RESERVE THE RIGHT TO MODIFY OR TERMINATE THE HCP’s ACCESS TO THE HEALTHCARE PORTAL AT ANY TIME WITH OR WITHOUT REASON, WITHOUT NOTICE AND IN ITS SOLE DISCRETION.
18. The HCP further acknowledges that neither nor BrainSpan: (a) practice medicine or provide any medical or clinical services and in no event does the use of the Healthcare Portal establish a physician-patient relationship between the Patient(s) and or BrainSpan; (ii) provide any medical advice, legal advice, compliance advice or representations in any way regarding any legal or medical issues associated with HCP, services offered by HCP, including but not limited to the BrainSpan Test or any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Accordingly, the HCP shall be solely responsible for implementation of any and all lifestyle, dietary, supplement suggestions within the Healthcare Portal, and the provision of services to Patients.
19. BrainSpan SHALL USE REASONABLE EFFORTS FOR THE HEALTHCARE PORTAL TO BE OPERATIONAL, HOWEVER NOTWITHSTANDING THE FOREGOING, NEITHER NOR BrainSpan WARRANT THAT ACCESS TO OR USE OF THE HEALTHCARE PORTAL WILL BE UNINTERRUPTED, BE COMPATIBLE OR WORK WITH ANY HCP’s OR ANY THIRD PARTY'S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE OR THAT DEFECTS IN THE HEALTHCARE PORTAL WILL BE CORRECTED. THE HEALTHCARE PORTAL IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT.
20. The HCP shall be solely responsible for any and all losses, expenses, damages or costs (including reasonable attorneys’ fees) arising from or relating to: (i) the provision of medical or health care services or follow-up related to the same by HCP, including any negligence with respect thereto; and (ii) any violation by HCP of any applicable federal, state and/or local laws, rules and regulations. IN NO EVENT WILL EITHER OR BrainSpan OR THEIR AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS AND ASSIGNS BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; OR (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF THE HEALTHCARE PORTAL OR ANY USER DATA.

Privacy

Disclaimer

I hereby consent to the collection of a blood sample for the purpose of laboratory testing. By submitting this sample I consent to the testing and authorize the transmission of my laboratory results in any manner, not limited to communication via mail, internet or email. On behalf of myself and any representatives or heirs, I release BrainSpan Life Sciences, LLC, their affiliates (and any other entity or person associated with the test, and their respective successors, assigns, directors, officers, and employees) from any liability of any kind or nature associated with the collection and testing of my blood  sample. I understand that my results are not a diagnosis of any kind and can be affected by many factors such as recent illness, medications, collection technique or shipping/handling. I agree that this transfer of data does not constitute or create a patient-doctor (or other healthcare professional) relationship between me and BrainSpan Life Sciences, LLC, or its program sponsors or affiliates. I further understand that the results of this test are for general wellness guidance only and not meant to diagnose or treat any disease or any other health condition and that this information is not meant as medical advice.

Email Opt In and Opt Out

BrainSpan needs the contact information you provide to us to contact you about our products and services. You may unsubscribe from these communications at any time by clicking “unsubscribe” at the foot of any email message. For information on our privacy practices and commitment to protecting your privacy, please review this entire policy. BrainSpan will not sell your information to any third parties and only contact you regarding your account, reports, patient reports or lab status, special offers (resellers and general public only), testing status or reminders to retest (patients of our authorized and qualified reseller program)--all of which you can unsubscribe from at any time. For patients who acquired their test through a healthcare practitioner, we will only contact you on their behalf as a courtesy regarding your lab status or test/retest reminders on behalf of your practitioner (see also SMS policy below). The practitioner has opted-in to allow BrainSpan to contact you, but that still requires the patient themselves to opt-in. All notices sent to you are on behalf of your practitioner, so if they opt out for any reason, you must re-confirm your desire to receive notifications concerning your lab status directly from BrainSpan and a message will be automatically sent requesting this under that circumstance. If your practitioner ceases to be active with BrainSpan (6 or more months of no kit activity), BrainSpan may contact you requesting to continue to support your testing and retesting directly as it is presumed your practitioner is no longer supporting your retest needs.

• Opt Out Procedures

You have the option to opt out  of receiving information from BrainSpan. This opt-out messaging will appear at the bottom of every promotional email that is sent out to you by BrainSpan in relation to this site. BrainSpan also gives you the option to remove your information from its database of active users. If you no longer wish to take advantage of this Site or to receive any form of direct contact from BrainSpan, whether it is email, discounts, newsletters, or other promotional offers or materials, or wish us to delete your personally identifiable information from our database of active users, send us a request marked “Privacy-Urgent”, address as follows: account@brainspan.com.

However, BrainSpan is not responsible for removing information from third party lists or databases of any kind if we have shared your information with such third parties as permitted by this policy. Please note that, BrainSpan, the fact that we may have removed your information from our list of active users, we reserve the right to keep any information submitted or collected for business reasons, such as archiving data.

• Reviewing or changing your information

In order to ensure that the information we maintain is accurate, BrainSpan gives users the option to change or modify their information previously provided. If you would like to change your information currently in our database, please contact us at account@brainspan.com. BrainSpan is not responsible for updating information contained in third party lists or databases.

SMS Policy

By participating in the BRAINSPAN LIFE SCIENCES SMS TEXT messaging platform for lab notifications or testing/retesting reminders and special offers, you may receive lab status alerts, welcome messages, test reminders or if a provider, important account or system wide updates. If you acquired your test through one of our qualified healthcare practitioner resellers, you will receive only specific messages around your testing status. Both the practitioner and patient must opt in for such services as a courtesy to the privacy we hold in strict regard between you and your practitioner.  If your practitioner opts out of such services for any reason, and you have completed a BrainSpan assessment, you will receive a notice asking for confirmation to opt out as well. Message frequency varies by assessment package type. Message and data rates may apply.

You may opt out at any time by texting STOP to +1 878 678 9500 and 797979, or replying "Stop" to our message. By sending STOP the numbers above or replying "Stop" to our message, you agree to one additional confirmation message stating that

you've opted out and will no longer receive messages from BRAINSPAN LIFE SCIENCES. Get additional support or help by calling 1-800-535-1518).

You must be the mobile phone account holder or have permission from the account holder to use this service. You must be 18 years or older or have permission from a parent/guardian who agrees to be bound by these Terms & Conditions.By participating in this program you specifically authorize BRAINSPAN LIFE SCIENCES to send communications using an automatic telephone dialing system or an artificial or prerecorded voice system, and BRAINSPAN LIFE SCIENCES may obtain your information, including mobile phone number, your carrier's name, and the date, time and content of your messages, as well as other information that you provide as part of this messaging program. We may use this information to contact you and to provide the services you request from us or for any use consistent with BRAINSPAN LIFE SCIENCES's Terms of Service and Privacy Policy.

If you link to a third party website from our message your activity on that site will be subject to the third party's Terms of Service and Privacy Policy.

You may be responsible for your wireless carrier's standard messaging and data rates for each message you send to us and for each message we send to you.

You are not required to sign the agreement as a condition of purchasing any property, goods, or services.

The person consenting to receive lab notifications or telemarketing communications also provides authorization for the specific telephone number that may be contacted via this program. Carriers are not responsible for any delayed or undelivered messages.

Carriers are not liable for delayed or undelivered messages. We may terminate our messaging program at any time, with or without advance notice.

Participating wireless carriers as of Feb 2018: AT&T, Boost Mobile, MetroPCS, Sprint, T-Mobile®, Verizon Wireless, Virgin Mobile USA and additional carriers where available.

Information we collect

Welcome to the BrainSpan website (www.brainspan.com). BrainSpan knows how our clients and visitors like you value your privacy, and we have created this privacy policy to ensure that you understand our policies and procedures, what personally identifiable information you must provide if you wish to use the Site and, ultimately, just how we use such personally identifiable information. This policy applies only to the website located at www.brainspan.com, as well as to aspects of your patient portal, securely accessed at portal.brainspan.com after you receive your report. If you do not agree with this policy, then you should not use either sites.

Personally Identifiable Information Collected By BrainSpan

BrainSpan may collect and store personally identifiable information about you if you voluntarily submit such information to BrainSpan. Personally identifiable information may include your name, email address, physical address and other information that specifically identifies you.

Non-Personally Identifiable Information Collected by BrainSpan

BrainSpan may also automatically collect (through cookies, described below, and other methods) and store aggregate or anonymous information about user contact with and use of the Site. Examples of this type of information include demographic information, the type of internet browser you are using, the type of computer operating system application software and peripherals you are using, the domain name of the website from which you linked to our Site and your browsing habits on and usage of the Site. Non-Personally identifiable information may also include personally identifiable information that has been aggregated so that no one individual is specifically identifiable (such as, how many users in a particular city access the Site).

How We Use Your Personally Identifiable Information

BrainSpan will only use your personally identifiable information as described in this policy.

When you register on our website, BrainSpan may use the personally identifiable information we collect to contact you about our products and services or those of our clients or other third parties from time to time. Except for the parties described below, we do not sell or share your personally identifiable information with third parties without your consent. We may share your personally identifiable information with our clients (if they have agreed to comply with privacy protections similar to those set forth in this policy), companies that are affiliates of BrainSpan, technical consultants and other third parties who make our Site available, enhance its functionality, or provide associated services (but only for the purpose of providing such services to BrainSpan).

Information obtained in connection with the Site may be intermingled with and used by us in conjunction with information obtained through sources other than the Site, including both offline and online sources.

We reserve the right to transfer any information to our successors in business and purchasers of Site assets or a particular division or line of business.

We also reserve the right to access and/or disclose any information as required by courts or administrative agencies and to the extent necessary to permit us to investigate suspected fraud, harassment or other violations of any law, rule or regulation, the Site rules or policies, or the rights of third parties or to investigate any suspected conduct which BrainSpan deems improper.

How We Use Your Non-Personally Identifiable Information

We may share non-personally identifiable information with third parties for any number of reasons, including advertising, promotional and/or other purposes.

Cookies, Links, Security

We may use cookies and similar technologies to collect non-personally identifiable information from you and to customize your use of the Site. A cookie is a small data file that certain websites write to your hard drive when you visit them. We may also use web bugs, clear gifs and similar technologies that collect data similar to that collected by a cookie. A cookie file can contain various types of information, including a user ID that the site uses to track the pages you have visited.

Most browsers are initially set up to accept cookies; however, you can reset your browser to refuse all cookies or indicate when a cookie is being sent or you can flush your browser of cookies from time to time. (Note: you may need to consult the help area of your browser application for instructions.) If you choose to disable cookies or refuse to accept a cookie, you may not be able to utilize all features of the Site.

At times, some of our advertisers and their ad service providers set cookies when you click their advertising banners. While we use cookies in other parts of the Site (as discussed above), cookies received with banner ads are collected by those advertisers and their ad service providers. The advertiser’s privacy policy and/or that of its service provider will govern the use of this information and BrainSpan is not responsible for the privacy practices of such advertiser or ad service provider.

Links

The Site may contain links to websites maintained by third parties. BrainSpan is not responsible for the privacy practices of such third party sites. You should carefully read their own privacy policies before providing any information to such third parties.

Security

We are committed to taking reasonable steps to ensure the security of your information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put into place physical, electronic, and managerial procedures to help safeguard and secure the information we collect online. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and us or information stored on the Site or our servers, will be completely free from unauthorized access by third parties such as hackers and your use of the Site demonstrates your assumption of this risk.

Children

This Site is not intended for users under the age of 13, and we have no intention of collecting personally identifiable information from children (i.e., individuals under the age of 13). If a parent or guardian learns that a child has provided us with personally identifiable information, that child’s parent or guardian should send us a request marked “Privacy — Urgent” to account@brainspan.com if they would like the information submitted by the child deleted from our database. We will use all reasonable efforts to delete such information from our database.

Consent to Participate in Research

BrainSpan aims to make and support scientific discoveries and publish those discoveries in scientific journals. We invite you to take part in this project, which we call BrainSpan Life Sciences (“BrainSpan”) Research . To get started you must agree to the terms in our full consent document (below) that are part of our overall Terms of Service, which you agree to during the checkout process. Please note that any capitalized terms have the definitions given in the Terms of Service and the Privacy Policy.

One of BrainSpan's missions is to make and support meaningful scientific discoveries by enabling its customers to participate directly in research. BrainSpan has enrolled participants from among its customers in this project, which we call BrainSpan Research . Specifically, BrainSpan Research refers to research aimed at publication in peer- reviewed journals and research funded by the federal government (such as the National Institutes of Health - NIH). The BrainSpan Research study aims to uncover connections among various human and animal health issues and lifestyle choices and the gut Fatty Acids and Cognitive Function, in order to further the overall science and understanding of the role that the gut Fatty Acids and Cognitive Function plays in health and wellness.

For further details on BrainSpan's other uses of personal information, see our Privacy sections above.

BrainSpan seeks your voluntary participation in BrainSpan Research. This document explains the following items:

1. What you are agreeing to if you consent,
2. How you can participate,
3. How your data will be used,
4. How we protect your data and keep it private,
5. 5. The benefits and risks of participation,
6. Your options and how to withdraw, and
7. Who to contact if you have questions.

1. What am I agreeing to if I consent?

   Giving consent by agreeing to the Terms of Service at checkout and/or registration means that you agree to let BrainSpan researchers use your Fatty Acids and Cognitive Function & Self-Reported Information for BrainSpan Research, as described above. "Fatty Acids and Cognitive Function & Self-Reported Information" refers to:

   ∙ Your gut Fatty Acids and Cognitive Function results and related data

   ∙ Information you enter into Fatty Acids/Cognitive Metrics, forms and other features

   ∙ Data you authorize us to import for research

   ∙ Your (or your child’s) age and ethnicity

   Self-Reported Information includes any information you submit. We may also use the results of further analysis of your sample in BrainSpan Research. Your Fatty Acids and Cognitive Function & Self Reported Information does not include identifying Registration Information you provided when you purchased a test or created an account (such as name, address, email address, user ID, password, or credit card information).

2. How do I participate?

   Participation consists of (1) allowing BrainSpan researchers to use your Fatty Acids and Cognitive Function & Self-Reported Information for BrainSpan Research, and (2) entering data about yourself, or your child, into BrainSpan Research features on the BrainSpan website, or submitting it to BrainSpan through various features. These features include Fatty Acids/Cognitive Metrics, individual questions, and other features where you enter information. If you do not feel comfortable providing a piece of information, you may choose not to answer that question. You may choose to take all, some, or none of the Fatty Acids/Cognitive Metrics.

   The BrainSpan Research study is open-ended: new Fatty Acids/Cognitive Metrics and features may be added on a continuing basis. If new Fatty Acids/Cognitive Metrics or features are added, you may receive an email update or see an announcement when you sign into your account. We might invite you to participate in a specific study if your Fatty Acids and Cognitive Function & Self-Reported Information matches the area of interest. If you wish not to be contacted about future studies, please opt-out of these communications by emailing us at support@brainspan.com  

   Your participation in the BrainSpan Research study is completely voluntary.

3. How will my data be used in BrainSpan Research?

   Your Fatty Acids and Cognitive Function & Self-Reported Information may be used to discover links between the gut Fatty Acids and Cognitive Function and various states of health and wellness, lifestyle choices and biology. Discoveries made as a result of this research could be used to understand the basic causes of disease, develop drugs or other treatments and/or preventive measures, or predict a person's risk of disease. The topics to be studied span a wide range of traits and conditions, from common to rare. Some of these studies may be

   sponsored by or conducted on behalf of third parties, such as non-profit foundations, academic institutions or pharmaceutical companies.

   This study may cover potentially sensitive topics such as sexual orientation, illicit drug use or other illegal behavior, or HIV/AIDS status. In the event we collect this type of sensitive information, BrainSpan and its research partners will protect the privacy of this information in accordance with applicable laws.

4. How do you keep my data protected and private (whether or not I consent)?

   BrainSpan's Privacy Policy in its Terms of Service outlines how the company protects your privacy while conducting business, such as providing our services to you. BrainSpan uses a range of physical, technical, and administrative procedures to protect the privacy of your personal information, including your genetic data and your Fatty Acids/Cognitive Metrics responses.

   If you agree to participate in BrainSpan Research, BrainSpan researchers can use your data for research that will be published in scientific journals, or that is sponsored by the National Institutes of Health and certain other organizations. In the event any research is published, we will not include any identifying information that would make it likely that anyone could identify you or your child.

   Just as BrainSpan aims to minimize the chances of a privacy breach while conducting its business, BrainSpan researchers aim to minimize the chances of a privacy breach while conducting research. Here are the main ways we do that:

   ∙ The BrainSpan researchers who conduct the statistical analyses do not have access to Registration Information (name, address, email address, user ID, password, or credit card) of customers,

   ∙ BrainSpan researchers who interact with research participants and conduct interviews have access to names and contact information of participants, but only to very limited Fatty Acids and Cognitive Function and other personal information necessary to conduct interviews

   ∙ To minimize the chance that an external person can determine that any particular customer is part of a study, BrainSpan researchers either:

   o publish only data de-identified and pooled across multiple customers, or o publish only very limited, non-identifying information of a single individual

5. What are the benefits and risks of participation?

   Benefits : One of BrainSpan's missions is to make meaningful scientific contributions by enabling its customers to participate directly in Fatty Acids and Cognitive Function research. If BrainSpan publishes study results in peer-reviewed journals, there may be an indirect benefit to BrainSpan as scientific knowledge increases and/or new drugs or tests are developed. You may also have the opportunity to acquire one or more of the following, in return for some level of participation in the research:

   ∙ Comparison of your personal Fatty Acids/Cognitive Metrics responses to those of all responders, additional information about the Fatty Acids and Cognitive Function, Fatty Acids and Cognitive Function research or the BrainSpan study, and/or preliminary research findings (all other participant responses will have all personal identifier removed before comparisons are shared with you), and

   ∙ There may be additional benefits to participation that are currently unforeseeable.

   Based on the results of this study, BrainSpan may develop intellectual property, including but not limited to patents, copyrights and trademarks, and/or BrainSpan may commercialize products or services, directly or indirectly. In such cases you will not receive any compensation.

   Risks : There are some potential risks to participating in the BrainSpan Research study, including the following:

   ∙ Some Fatty Acids/Cognitive Metrics questions or data comparisons may make you or your family members uncomfortable.

   ∙ Your Fatty Acids and Cognitive Function Results, Fatty Acids/Cognitive Metrics responses, and/or personally identifying information may be compromised in the event of a security breach. In the event of such a breach, if your data are associated with your identity, they may be made public or released to third parties. In addition, if you or a family member has Fatty Acids and Cognitive Function Results linked to your name or your family member's name in a public database, someone who has access to your BrainSpan Fatty Acids and Cognitive Function Results might be able to link that data to your name or your family member's name through the publicly available research data. Although BrainSpan cannot provide a 100% guarantee that your data will be safe, BrainSpan has strong policies and procedures in place to minimize the possibility of a breach.

   ∙ When BrainSpan researchers publish results from this ongoing study, they may include your Fatty Acids and Cognitive Function & Self-Reported Information but only as part of a summary across enough people to minimize the chance that your personal information will be exposed. Identification of your individual-level data from those summaries would be extremely difficult, but it is possible that a third party that has obtained some of your Fatty Acids and Cognitive Function data could compare that partial data to the published results and infer some of your other personal information.

   ∙ As with any online service, if you disclose your account password to others, they may be able to access your account and your Fatty Acids and Cognitive Function & Self- Reported Information.

   ∙ There may be additional risks to participation that are currently unforeseeable.

   None of the Fatty Acids/Cognitive Metrics or other procedures used by the researchers in the BrainSpan  Research study is invasive or experimental. The procedures involved do not involve  more than the minimal risks described above.

6. Do I have any alternatives? Can I withdraw from this study?

   Your alternative is not to participate in the BrainSpan Research study. If you choose not to give consent for BrainSpan Research, your Fatty Acids and Cognitive Function & Self-Reported Information may still be used for other purposes, as described in our Privacy Policy. If you do give consent to participate in this study, you may choose not to take BrainSpan Research Fatty Acids/Cognitive Metrics or use other BrainSpan Research features.

   At any time, you may choose to change your consent status to either take part in BrainSpan Research or to withdraw all or some of your Fatty Acids and Cognitive Function & Self-Reported Information (including your Sample) from BrainSpan Research. Simply send an email to support@brainspan.com to make such a request. If you withdraw all or some of your Fatty Acids and Cognitive Function & Self-Reported Information, BrainSpan will prevent that information from being used in new BrainSpan Research initiated after 30 days from receipt of your request (it may take up to 30 days to withdraw your information after you withdraw your consent). Any research on your Fatty Acids and Cognitive Function & Self-Reported Information (including your Sample) that has been performed or published prior to this date will not be reversed, undone, or withdrawn. Choosing not to give consent or withdrawing from BrainSpan Research will not affect your access to your Fatty Acids and Cognitive Function Results or to the BrainSpan Services.

   In addition, the BrainSpan Research study may be terminated without your consent. In the following cases, BrainSpan will maintain your Fatty Acids and Cognitive Function & Self-Reported Information according to the terms of our Privacy Statement:

   1. Transfer of ownership. If BrainSpan undergoes a business transition such as an acquisition or merger, the BrainSpan Research study may be terminated. In such case, your Personal Information would remain subject to the promises made in any pre existing Privacy Policy.
   2. Termination of service. BrainSpan may terminate your access to the BrainSpan Service for any reason in its sole discretion. If your access to the BrainSpan Service is terminated for any of these reasons, your participation in the BrainSpan Research study may also be terminated.

7. Who do I contact if I have questions?

   If you have general questions and need help with BrainSpan's service, please contact: support@brainspan.com

   ∙ If you have any questions or concerns about the BrainSpan Research study, if you suffer a research-related injury, or if you have a question about subjects' rights, please contact the following:

   ∙ BrainSpan Human Protections Administrator:

   o Email: support@brainspan.com

PLEASE READ CAREFULLY BEFORE CLICKING REGISTER ON YOUR KIT

By clicking “Register” on your BrainSpan Test Kit, for our Terms of Service agreement, I also confirm that I have read and understand this BrainSpan Consent to Participate in Research. If I am consenting to allow my child to participate in BrainSpan Research, I am authorized to consent on behalf of my child, and I have discussed the study with him/her. If my child is thirteen years or older, my child has agreed (“assented”) to take part.

I understand my or my child’s participation is voluntary, and that I am free to withdraw myself or my child at any time, without giving a reason, and without affecting my access to other BrainSpan Services. I understand that by clicking “I agree” I am not waiving any legal rights that I or my child otherwise have.

I understand that information described above, including my Fatty Acids and Cognitive Function Results, will be viewed by responsible individuals representing the BrainSpan or its research partners, supervisory bodies, or regulatory authorities where it is relevant to taking part in this research.

I agree that my or my child’s Fatty Acids and Cognitive Function Results & Self-Reported Information (including the Samples) may be used as described in this BrainSpan Consent to Participate in Research and the accompanying Privacy Policy and Terms of Service.

I can print a copy of this BrainSpan Consent to Participate in Research to keep for my records.

FAQs on Research and Research Consent

Here are key points you need to know to participate in research:

How do I take part in BrainSpan Research?

∙ Take Fatty Acids/Cognitive Metrics or otherwise enter information about yourself into the BrainSpan website. You choose which Fatty Acids/Cognitive Metrics to take and which questions to answer.

Can my child take part in BrainSpan Research?

∙ Your child may take part in BrainSpan Research if he or she gives assent to participate and a parent or legal guardian authorizes BrainSpan to use his or her Fatty Acids and Cognitive Function & Self Reported Information for research. For purposes of this consent document, “Your” includes your child, if you are consenting on their behalf.

Which of my personal information is used for research?

∙ Your Fatty Acids and Cognitive Function and any other personal information you enter into the website, except for your Registration Information (name, contact information, and credit card information), may be analyzed in the research.

∙ Your name and contact information may be used to communicate with you but are not analyzed in combination with your genetic and other personal information.

Who gets to see my personal information?

∙ BrainSpan's privacy statement outlines who does and does not get access to the personal information of BrainSpan customers; here we list the additional individuals who will get access if you consent to take part in research.

∙ Within BrainSpan and BrainSpan Third Party Labs: BrainSpan researchers who conduct analyses will have access to your Fatty Acids and Cognitive Function and other Self-Reported Information, but not to your name, contact, or credit card information. BrainSpan researchers who contact you will have access to names and contact information, but only to very limited Fatty Acids and Cognitive Function or other Personal Information.

∙ Outside of BrainSpan: BrainSpan may share some data with external research partners and in scientific publications. These data will be summarized across enough customers to minimize the chance that your Personal Information will be exposed. BrainSpan may need to share the information with other agencies as required by law.

How will I benefit from this research?

∙ By taking Fatty Acids/Cognitive Metrics you may learn about BrainSpan's research findings, including how your answers compare with those of others and new discoveries made by BrainSpan's research program.

∙ Sometime in the future you or your family may benefit indirectly from research discoveries made by BrainSpan or its research partners.

What are the risks of taking part in this research?

∙ There is a very small chance that someone with access to the research data or results could expose personal information about you. BrainSpan has security policies and practices in place to minimize the chance of such an event.

Can I stop taking part in BrainSpan Research?

∙Yes, you can withdraw yourself, your child, or your pet from BrainSpan Research at any time. Any of your data that have already been used as part of a study cannot be withdrawn, but your data will not be included in studies that start more than 30 days after you withdraw (it may take up to 30 days to withdraw your information after you withdraw your consent). To withdraw, simply send your request to  support@brainspan.com 

1. Definitions and Descriptions

   Welcome to brainspan.com, portal.brainspan.com, and/or affiliated websites (the “Site(s)”). These Terms of Service (the “TOS”, “Terms”, or “Agreement”, as used interchangeably herein) are a contract between you and BrainSpan Life Sciences LLC (“BrainSpan”, “the Company”, “we”, “our” or “us”, as used interchangeably herein). This Agreement is applicable only to consumers’ use and/or purchase of BrainSpan’s “Services” (defined herein) and/or “Products” (defined herein). This Agreement governs your purchase and use of BrainSpan Products and/or Services and use of the Site, as well as any other services provided to you by us. PLEASE READ THIS AGREEMENT, INCLUDING THE MANDATORY ARBITRATION PROVISION INCLUDED BELOW, CAREFULLY BEFORE PROCEEDING.

   You agree to these TOS when you make a purchase by checking the box that provides “I accept the terms and conditions", including the arbitration provision contained therein prior to your purchase. In addition, when you use any of the services (e.g., Customer Reviews) provided by the Site, you assent to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site at any time. We also reserve the right to change this Agreement for future orders at any time. 

   Except as specified herein, these TOS apply to any purchase or use of the Services or Product(s), including but not limited to a) submitting a “Sample” (defined herein) for analysis and processing, b) uploading a digital version of your “Fatty Acids/Cognitive Function” (defined herein) and interacting with it on the BrainSpan website, and/or c) creating and using a free BrainSpan account without providing a Sample or Fatty Acids/Cognitive Function. In order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS as outlined above; or by actually using the Services. In this case, you acknowledge and agree that BrainSpan will treat your use of the Services as acceptance of the TOS from that point onwards. In addition, when using particular BrainSpan Services, you shall be subject to any guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. BrainSpan also may offer other services from time to time that are governed by different terms of service.

   PREREQUISITES

   1. a. Whether you buy a Product, or submit your (hereinafter “your”) Sample as part of a service offered by BrainSpan, a Sample for anyone for whom you have legal authority to agree, or otherwise provide your own Personal Information, you may not use the Services and may not accept the TOS if (1) you are not of legal age to form a binding contract with BrainSpan, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
   2. b. In addition to the conditions above, if you contribute or otherwise provide your own Personal Information, you must be eighteen (18) years of age or older to agree to these TOS on behalf of yourself or those for whom you have legal authority to agree. 
   3. If your use of the Services includes creating a BrainSpan account, without submitting a Sample or otherwise providing “Personal Information” (defined herein), you must be thirteen (13) years of age or older to use the Services and accept the TOS. 

   DEFINITIONS 

   For purposes of this TOS and our Privacy Policy (which is incorporated into this TOS by reference), the following terms shall have the definitions given herein: 

   1. "BrainSpan" means BrainSpan Life Sciences LLC, whose current principal place of business is 737 Bolivar Road, Suite 200, Cleveland, Ohio 44115. The terms “Company,” “we,” “us” and “our,” (including as used in the Arbitration Provision herein) and in addition to the meaning set forth herein, also refer to our employees, officers, directors, parents, controlling persons, subsidiaries, affiliates, predecessors, acquired entities, successors and assigns.
   2. "BrainSpan Research" means scientific research that BrainSpan performs with the intent to publicize and/or publish in a peer-reviewed scientific journal. BrainSpan Research only uses “Fatty Acids/Cognitive Function” (defined below) and “Self Reported Information” (defined below) from users who have given informed consent according to the applicable BrainSpan “Consent to Participate in Research” document, which can be found here.
   3. "Product Development" means research performed for the purpose of new product development and new product development activities performed by BrainSpan on de identified user data. These activities may include, among other things, improving our Services and/or offering new products or services to you; performing quality control activities; conducting data analysis that may lead to and/or include commercialization with a third party.
   4. “Product(s)”) means, when used independently in this Agreement, any products purchased on the Site, including but not limited to, the gut fatty acid/cognitive function test/collection kit kit, probiotic supplements, prebiotic supplements, green powder supplements, and/or other products.
   5. “Product Expiration Date” means the twelve (12) month period after the purchase date of the gut fatty acid/cognitive function test kit, during which time you are required to return your Sample to BrainSpan for processing.
   6. “Privacy Policy” means the privacy policy set forth in this Agreement. g. “Product Return, Refund and Cancellation Policy” means the return, refund and cancellation policy for the Product(s) set forth in this Agreement, and separately on the Site.
   7. "Service" or "Services" as further defined in these TOS, means BrainSpan's Products, software, services, and website (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
   8. "Personal Information" is information that can be used to identify you, either alone or in combination with other information. BrainSpan collects and stores the following types of Personal Information:
      1. "Registration Information" is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
      2. "fatty acid/cognitive function" or “fatty acid/cognitive functionresult” is information regarding your fatty acid/cognitive function(generated through processing of your Sample by BrainSpan or by its contractors, successors, and assignees; or otherwise processed by and/or contributed to BrainSpan). 
      3. “Sample(s)” means the biological samples or specimens you provide to BrainSpan for processing in order to generate your fatty acid/cognitive function results.
      4. "Self-Reported Information" is all information about yourself, including known disease conditions, other health-related information, personal traits, ethnicity, family history, and other information that you enter into surveys, forms, or features while signed in to your BrainSpan account.
      5. "User Content" is all information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials - other than Personal Information and Self Reported Information-generated by users of BrainSpan Services and transmitted, whether publicly or privately, to or through BrainSpan.
      6. "Web Behavior Information" is information on how you use the BrainSpan website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
      7. “You”, “Your,” and any derivative thereof, including lower-case versions, means you, the user, whether acting on behalf of yourself, another person you are legally authorized to represent (such as your minor child).
   9. "Aggregated fatty acid/cognitive function and Self-Reported Information" is fatty acid/cognitive function and Self-Reported Information that has been combined with that of other users and analyzed or evaluated as a whole, such that no specific individual may be reasonably identified.

   DESCRIPTION OF THE SERVICES 

   The Services include access to the BrainSpan public websites, personal analytical services, including the collection and analysis of your Sample, and various Products. Unless explicitly stated otherwise in writing, each new feature that augments or enhances the current Service shall be subject to the TOS. As further described in this Agreement, you hereby acknowledge and agree that the Services are provided "AS-IS", without any express or implied warranty whatsoever, and are based on the current state of the art of research and technology in use by BrainSpan at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, BrainSpan is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which BrainSpan provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that BrainSpan may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at BrainSpan's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform BrainSpan when you stop using the Services unless you are requesting closure of your account, destruction of your Sample, or deletion of your Personal Information. BrainSpan assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.

   In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment. You acknowledge and agree that while BrainSpan may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by BrainSpan at any time, at BrainSpan's discretion.

2. Samples and Education

   Consent to Sample Storage and Additional Sample Analyses

   By using the Services and choosing to have BrainSpan store either your Sample or material extracted from your Sample, you are consenting to having BrainSpan and its contractors access and analyze your stored de-identified Sample, using the same or more advanced technologies (such as sequencing of the gut Fatty Acids/Cognitive Function), in a manner consistent with our Terms of Service and Privacy Policy. Unless we notify you otherwise, we will store your de-identified Sample indefinitely at our laboratory or identifiable Samples for a period of up to thirty (30) days. We will contact you to get your permission in the unlikely event we need to re-analyze your identifiable Sample or perform future analysis that is not described in this TOS. All of the same safeguards to any further use of your Sample will be provided as in our Terms of Service and Privacy Statement.

   Privacy and Consent

   Please view additional information here.

   Submission of Sample by Product Expiration Date

   You are required to submit your Sample to BrainSpan before the Product Date, or you will be required to separately purchase an additional new gut fatty acid/cognitive function test kit and resubmit your Sample. 

   Additional Fatty Acid and Cognitive Function Analyses of Stored Participant Samples

   In addition, for research purposes, your de-identified fatty acid/cognitive function may include fatty acids and cognitive function indices that are not provided in the core report. The analysis may focus on particular fatty acids or on areas of brain function.

   Risks and Considerations Regarding BrainSpan Services

   Once you obtain your Personal Information, the knowledge is irrevocable.

   You should not assume that any information we may be able to provide to you, whether now or as research advances, will be welcome or positive. You should also understand that as research advances, in order for you to assess the meaning of your fatty acid/cognitive function in the context of such advances, you may need to obtain further services from BrainSpan, your physician, nutritionist, or other health care provider.

   We encourage you to talk to a health professional with special training in digestive health conditions, prior to collecting your Sample for testing to learn more so you can make an informed decision about whether testing is right for you. A physician can help you understand your results and options. 

   Some people feel a little anxious about getting their fatty acid/cognitive function results. This is normal. If you feel very anxious, you should speak to your physician or a healthcare provider prior to collecting your Sample for testing.

   You may learn information about yourself that you do not anticipate. This information may evoke strong emotions and has the potential to alter your life and worldview. You may discover things about yourself that trouble you and that you may not have the ability to control or change. These outcomes could have social, legal, or economic implications.

   The laboratory may not be able to process your Sample, and the laboratory process may result in errors. The laboratory may not be able to process your Sample if your Sample does not contain a sufficient volume of biologic material, you do not provide enough of a Sample, or the results from processing do not meet our standards for accuracy. If the initial processing fails for any of these reasons, BrainSpan will reprocess the same Sample at no charge to the user. If the second attempt to process the same Sample fails, BrainSpan will offer to send another kit to the user to collect a second Sample at no charge. If the user sends another Sample and BrainSpan's attempts to process the second Sample are unsuccessful, (up to 3% of all Samples fail the second attempt at testing according to BrainSpan data obtained in 2020 for all fatty acid/cognitive function test/collection kiting),* BrainSpan will not send additional Sample collection kits and the user will be entitled solely and exclusively to a complete refund of the amount paid to BrainSpan, less shipping and handling, provided the user shall not resubmit another Sample through a future purchase of the service. If the user breaches this policy agreement and resubmits another Sample through a future purchase of the service and processing is not successful, BrainSpan will not offer to reprocess the Sample or provide the user a refund. Even for processing that meets our high standards, a small, unknown fraction of the data generated during the laboratory process may be un-interpretable or incorrect (referred to as "Errors"). As this possibility is known in advance, users are not entitled to refunds where these Errors occur.

   You should not change your health behaviors solely on the basis of information from BrainSpan. Make sure to discuss your results with a physician or other healthcare provider before you act upon the results of the BrainSpan Services. For most common diseases, the microorganisms we know about are only responsible for a small fraction of the risk. There may be unknown markers, environmental factors, or lifestyle choices that are far more important predictors. If your data indicate that you are not at elevated risk for a particular disease or condition, you should not feel that you are protected. The opposite is also true; if your data indicate you are at an elevated risk for a particular disease or condition, it does not mean you will definitively develop the disease or condition. In either case, if you have concerns or questions about what you learn through BrainSpan, you should contact your physician or other health care provider.

   Fatty acid/cognitive function research is not comprehensive. While we measure many of the data points from your Fatty Acids/Cognitive Function, only a small percentage of them are known to be related to human traits or health conditions. The research community is rapidly learning more about the human and other animal gut Fatty Acids/Cognitive Functions, and an important mission of BrainSpan is to conduct and contribute to this research. In addition, many ethnic groups are not included in fatty acid/cognitive function studies. Because interpretations provided in our service rely on these published studies, some interpretations may not apply to you. Future scientific research may change the interpretation of your Fatty Acids/Cognitive Function. In the future, the scientific community may show previous research to be incomplete or inaccurate.

   Furthermore, fatty acid/cognitive function results that you choose to share with your physician or other health care provider may become part of your medical record, and through that route be accessible to other health care providers and/or insurance companies in the future.

   BrainSpan Services are for informational and educational use only. We do not provide medical advice. The fatty acid/cognitive function results provided by BrainSpan is for your personal informational and educational use only. This means two things. First, many of the fatty acid/cognitive functiondiscoveries that we report have not been clinically validated, and the technology we use, which is the same technology used by the scientific community, to date has not been widely used for clinical testing. As a result of the current state of gut fatty acid/cognitive functionknowledge and understanding, our Services are for informational and educational purposes only. The Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical or veterinary advice. You should always seek the advice of your physician or other health care provider, with any questions you may have regarding diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.

   BrainSpan does not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on our website. If we provide to you on our website any recommendations that identify for you, based on your fatty acid/cognitive function and Self-Reported Information and scientific literature or research, potentially actionable information, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. As explained on our website, BrainSpan believes that (a) your fatty acid/cognitive functionis only part of the picture of any individual's state of being, (b) the state of the understanding of the fatty acid/cognitive functionis rapidly evolving and at any given time we only comprehend part of the picture of the role of fatty acid/cognitive functionscience, and (c) only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, including in some cases your fatty acid/cognitive functionas well as your current symptoms, if any. Reliance on any information provided by BrainSpan, BrainSpan employees, others appearing on our website at the invitation of BrainSpan, or other visitors to our website is solely at your own risk.

3. Use of the Website and Portal

   YOUR USE OF THE SITE

   Subject to the terms of this Agreement, we hereby grant you a limited, revocable, non transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for products sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

   TYPOGRAPHICAL ERRORS

   In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment card charged. If your payment card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your payment card account in the amount of the charge.

   LINKS

   The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because BrainSpan has no control over such sites and resources, you acknowledge and agree that BrainSpan is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BrainSpan shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.

   Dealings with Information Providers and Listed Resources

   Your correspondence or business dealings with-or participation in promotions of information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that BrainSpan shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.

   COPYRIGHT COMPLAINTS

   If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@brainspan.com

   APPLICABLE LAW

   This Site is controlled by us in the State of Virginia, USA. As such, the laws of the State of Virginia will govern any and all claims related to or arising out of your use of the Site or these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

   Customer Conduct - Unlawful and Prohibited Uses

   Except as permitted in this Agreement, you may not reproduce, distribute, display, sell, resell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

   As a condition of your use of the Services, you warrant to BrainSpan that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You may not use the Services outside of the country to which your Sample collection kit was shipped from BrainSpan. Furthermore you agree not to use the Services to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, libelous, indecent, pornographic, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with BrainSpan, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) "stalk" or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any information that violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;; (6) use any information received through the Services to attempt to identify other customers, to contact other customers, or for any forensic use; (7) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (8) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of BrainSpan or any other party; (9) harm minors in any way; (10) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (11) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (12) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, unless explicitly permitted by BrainSpan; (14) engage in "framing," "mirroring," or otherwise simulating the appearance or function of BrainSpan's Site; (15) attempt to or actually override any security component of BrainSpan web services; (16) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service, including through the use of any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; (17) violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with BrainSpan; or (18) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.

   ACCOUNT CREATION, CUSTOMER ACCOUNT, PASSWORD, AND SECURITY OBLIGATIONS

   In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if BrainSpan has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, BrainSpan has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). The Services are for use only in the country to which your Sample collection kit was shipped from BrainSpan. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

   We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site.

   YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

   ADDITIONAL USER REPRESENTATIONS & WARRANTIES

   By using or accessing BrainSpan Services, you agree to, acknowledge, and represent as follows:

   (a) YOU UNDERSTAND THAT INFORMATION YOU LEARN FROM BrainSpan IS NOT DESIGNED TO INDEPENDENTLY PREDICT, DIAGNOSE, PREVENT, OR TREAT ANY CONDITION OR DISEASE OR TO ASCERTAIN THE STATE OF YOUR HEALTH. YOU UNDERSTAND THAT THE BrainSpan SERVICES ARE INTENDED FOR INFORMATIONAL AND/OR EDUCATIONAL PURPOSES ONLY AND SHOULD ALWAYS BE CONFIRMED AND SUPPLEMENTED BY ADDITIONAL MEDICAL AND CLINICAL TESTING AND INFORMATION. YOU ACKNOWLEDGE THAT BrainSpan URGES YOU TO SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER IF YOU HAVE QUESTIONS OR CONCERNS ARISING FROM YOUR fatty acid/cognitive function results.

   (b) You give permission to BrainSpan, its contractors, successors and assignees to perform the Services on your Sample and you specifically request BrainSpan to disclose the fatty acid/cognitive function results to you and to others you specifically authorize.

   (c) You represent that you are eighteen (18) years of age or older if you are providing a Sample or accessing your fatty acid/cognitive function results. You are guaranteeing that any Sample you provide is your Sample; if you are agreeing to these TOS on behalf of a person for whom you have legal authorization, you are confirming that the Sample provided will be the Sample of that person.

   (d) You are warranting that any Service you purchase, or any Sample you provide is for personal, non-commercial, non-legal or non-journalistic purposes only, and not for the intent to reverse-engineer and/or analyze for business, legal or journalistic purposes. You specifically acknowledge and agree that by accepting these TOS, in the event you violate this provision (including the very act of simply completing the purchase process), that you have proactively taken steps to damage BrainSpan’s business interests, and by doing so, you accept legal liability and actual consequential, incidental, indirect, punitive or special damages of any kind whatsoever that are alleged by BrainSpan. You also agree to pay any and all direct and indirect attorneys' fees and expenses incurred by BrainSpan in order to explore or pursue claims regarding violation of this provision, whether successful or not. Put simply, BrainSpan Services were created to help others explore and optimize their health and wellness. We have spent a tremendous amount of intellectual capital and other resources to create the BrainSpan Services. We will aggressively pursue anyone who purchases BrainSpan for any reason other than for optimizing their own, or somebody they care for, health and wellness.

   (e) If you are a customer outside the U.S. providing a Sample, you confirm that this act is not subject to any export ban or restriction in the country in which you reside. You also agree that any Sample you provide, and all resulting data may be transferred and/or processed outside the country in which you reside.

   (f) You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee. (g) You are aware that some of the information you receive may provoke strong emotion.

   (h) You take responsibility for all possible consequences resulting from your sharing with others access to your Personal Information, including your fatty acid/cognitive functionresult and your Self- Reported Information.

   (i) You understand that all your Personal Information will be stored in BrainSpan databases and will be processed in accordance with the BrainSpan Privacy Policy and TOS.

   (j) Waiver of Property Rights: You understand that by providing any Sample, having your Sample processed, accessing your Fatty Acids/Cognitive Function, or providing other Personal Information, including Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by BrainSpan or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Personal Information, Fatty Acids/Cognitive Function, or Self-Reported Information.

   You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations BrainSpan has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify BrainSpan and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

   LIMITED LICENSE

   You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not BrainSpan, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service. You acknowledge that the Services content presented to you as part of the Services, whether original BrainSpan Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by BrainSpan and/or the sponsors who provide that content to BrainSpan (or by other persons or companies on their behalf). BrainSpan grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, any of the Services content with the exception of content from "MD's Perspectives" in the "For the Experts" section of the website and any other content marked as not subject to this Limited License on the website, provided you: (i) provide the Services content as it appears on the BrainSpan website with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; (ii) include the following attribution on the first page of any materials you distribute: © BrainSpan Life Sciences LLC. All rights reserved; distributed pursuant to a Limited License from BrainSpan; (iii) agree you have no right to offer anyone else any further right with respect to this Services content. Aside from the Limited License provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content (either in whole or in part) unless you have been specifically told that you may do so by BrainSpan or by the owners of that content, in a separate agreement.

   You acknowledge and agree that you are solely responsible for (and that BrainSpan has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which BrainSpan may suffer) of any such breach. In case of breach of any one of these agreements BrainSpan has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify BrainSpan and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

   If you violate the terms of this Section and/or BrainSpan has a reasonable ground to suspect that you have violated the terms of this Section, BrainSpan has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

   MATERIAL POSTED THROUGH THE SERVICE

   BrainSpan will not, at all times, control any of the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such non-BrainSpan content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will BrainSpan be liable in any way for any non-BrainSpan content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.

   You acknowledge that BrainSpan and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. Without limiting the foregoing, BrainSpan and its designees shall have the right to remove any content that violates the TOS or is deemed by BrainSpan, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

   REVIEWS AND COMMENTS

   Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non confidential and nonproprietary, and we shall have the royalty free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

   INTELLECTUAL PROPERTY

   All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to BrainSpan Life Sciences LLC, or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to BrainSpan Life Sciences LLC or its affiliates. All software used on this Site (the “Software”) is the property of BrainSpan Life Sciences LLC, its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.

   User Content. BrainSpan does not claim ownership of the User Content you provide to BrainSpan (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give BrainSpan, its affiliated companies, sublicensees (including but not limited to sublicensees who avail themselves of the Limited License granted in Section 9 above) and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for BrainSpan to make such User Content available to other companies, organizations, or individuals with whom BrainSpan has relationships, and to use such User Content in connection with the provision of those services.

   BrainSpan's Proprietary Rights

   You acknowledge and agree that BrainSpan (or BrainSpan's licensors, as applicable) exclusively owns all legal right, title, and interest in and to the Services, including any intellectual property rights (including but not limited to patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist), together with any modifications, derivatives, or enhancements thereof. You further acknowledge that the Services may contain information which is designated confidential by BrainSpan and that you shall not disclose such information without BrainSpan's prior written consent.

   You further acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by BrainSpan in writing, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of BrainSpan and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

   BrainSpan Life Sciences LLC, BrainSpan, and other BrainSpan logos and product and service names are trademarks of BrainSpan and these marks together with any other BrainSpan trade names, service marks, logos, domain names, and other distinctive brand features are the "BrainSpan Marks". Unless you have agreed otherwise in writing with BrainSpan, other than through the Limited License in Section 9, nothing in the TOS gives you a right to use any BrainSpan Marks and you agree not to display, or use in any manner, BrainSpan Marks. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.

   Unless you have been expressly authorized to do so in writing by BrainSpan, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.

   For any Software not accompanied by a License Agreement, BrainSpan grants you a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by BrainSpan, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by BrainSpan, in the manner permitted by the TOS. Unless BrainSpan has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by BrainSpan for use in accessing the Service. Any rights not expressly granted herein are reserved.

   INTERNATIONAL ACCESS

   This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations. If you access and use this Site from outside the United States, you understand that United States privacy laws may not offer the same protections as those in your country of residence.

4. 4. Shipping and Refunds and Termination

   SHIPPING POLICY

   Fulfillment & Delivery Time: For orders placed with Standard Shipping, allow 1-2 business days (business day means Monday to Friday, except holidays) from the date an order is received by our warehouse for the order to be processed and prepared for shipping. Once an order ships from the warehouse, the Customer will receive the order within 3-5 business days of the shipment date. Note that during high-volume periods, orders typically take 2 additional business days to process and ship.

   Shipping Carriers & Rates: BrainSpan ships orders to US, Army Post Office (APO), and Diplomatic Post Office (DPO) addresses. The shipping carrier varies depending on the weight of each package. Carrier details and tracking numbers will be specified within all the shipping notification emails sent to the Customer on the shipment date. The rate charged for the shipping of your order is based on the weight of your products, and your location.

   Shipping Tracking: If a tracking # is provided by the shipping carrier, we will update your order with the tracking information. Please note that some orders using 1st Class USPS mail will not have tracking numbers. 

   Questions: If you have any questions about the delivery and shipment or your order, please contact us at support@brainspan.com.

   PRODUCT REFUNDS, EXPIRATION & CANCELLATION POLICY

   Return/Refund Policy: Your satisfaction is our number one priority at BrainSpan. If for any reason, you are not satisfied with your purchase, you may return your order for a refund/store credit, following the guidelines below:

   If returned within the first 30 days after purchase, we will provide a refund less a 20% restocking fee.The customer is responsible for shipping charges. All returns are only valid on unused test kits still in original condition and wrapping.

   As soon as we receive your returned items at our Warehouse, we will gladly process your refund or store credit. Please allow 5-10 business days for your return shipment to arrive at our Warehouse once you drop it in the mail. Refund payment within 30 business days depending on your issuing bank and/or billing cycle, All return requests should be sent to the following email address: support@brainspan.com

   Products purchased more than 30 days ago are not eligible for a refund and will not be accepted if returned.

   All kits expire 12 months from the date of purchase unless otherwise directed. We cannot accept returns or exchanges on expired products. All expired products must be discarded.

   To ensure that your return is processed as quickly as possible, please provide your original packing slip with your return or your original order number.

   For any questions, please feel free to reach out to us at support@brainspan.com.

   TERMINATION AND EFFECT OF TERMINATION

   The TOS will continue to apply until terminated by either you or BrainSpan as set out in this Section.

   If you want to terminate your legal agreement with BrainSpan, you may do so by notifying BrainSpan at any time in writing, which will entail closing your accounts for all of the Services that you use. Your notice should be sent, in writing, to BrainSpan's address, which is set out in TOS, or online via email to support@brainspan.com. If you provide notice online, BrainSpan will send you an email asking you to confirm your request, and your notice will be effective following receipt of a second email confirmation from you.

   In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. BrainSpan may at any time, terminate its legal agreement with you (and in conjunction therewith, your password and account(s)) if: (1) you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS); (2) BrainSpan is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom BrainSpan offered the Services to you has terminated its relationship with BrainSpan or ceased to offer the Services to you; (4) BrainSpan is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by BrainSpan is, in BrainSpan's opinion, no longer commercially viable.

   Any suspected fraudulent, abusive, commercial, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities, and you proactively accept legal liability, and liability for associated legal costs and expenses, regarding any legal action BrainSpan decides to pursue against you personally and any entity you are affiliated with. You acknowledge and agree that BrainSpan shall not be liable to you or any third party for any termination of your access to the Services.

   Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

   Survival of Terms

   When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and BrainSpan have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations, and liabilities indefinitely.

5. Arbitration, Indemnity, and Miscellaneous

   MANDATORY ARBITRATION

   READ THIS ARBITRATION PROVISION CAREFULLY: This Section impacts how legal claims arising under this Agreement are resolved. Under the terms of this provision (the “Arbitration Provision”), and except as set forth below, Claims (as defined below) will be resolved by individual (and not class-wide) binding arbitration in accordance with this provision if you or we elect it. If a Claim is arbitrated, neither you nor we will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action, private attorney general or other representative action in court or in arbitration; or (4) join or consolidate a Claim with those of any other person. “Claim” means any demand, cause of action, complaint, claim, asserted right, or request for monetary or equitable relief, whether past, present or future, and based upon any legal theory, including contract, tort, consumer protection law, fraud, statute, regulation, ordinance, or common law, which arises out of or relates to this Agreement or your purchasing of products from the Site, whether related to the product(s)’ quality, representations about the product(s), information you entered into the Site, or otherwise. The term Claim is intended to be interpreted as broadly as permitted under applicable law.

   Agreement to Arbitrate Claims: By agreeing to this Agreement, you waive your right to sue us in Court. If you do not agree, do not purchase BrainSpan Products or use BrainSpan Services, including the Sites.

   Electing Arbitration: The party initiating arbitration must notify the other party in writing (the “Notice”). Your Notice to us shall be sent to

   BrainSpan Life Sciences LLC,
   3057 NUTLEY ST
   SUITE 533 
   FAIRFAX VA
   22031-1931 (“Notice Address”). 
   

   Our Notice to you shall be sent to the most recent address for you in our files, or to the email address we have on file for you. If you purchased the products for resale, any arbitration will take place in Cuyahoga County, Ohio, unless you and the Company agree otherwise. If you purchased the products as a consumer (i.e., as an end-user of the products), any arbitration will take place in any venue in which a federal court would have jurisdiction over your Claims, unless you and the Company agree otherwise.

   If a party files a lawsuit in court asserting a Claim and the other party elects arbitration, such Notice may be asserted in papers filed in the lawsuit (for example, a motion by the defendant to compel arbitration of Claims asserted by the plaintiff in a lawsuit filed in court). After arbitration is compelled by a court, either party may commence the arbitration proceeding in accordance with the rules and procedures of the arbitration administrator specified in this section.

   Arbitration Costs: We will pay the filing, administrative and/or arbitrator’s fees (“Arbitration Fees”) that we are required to pay pursuant to the arbitrator’s rules or the law. In addition, with respect to Arbitration Fees that you are required to pay under the arbitrator’s rules in connection with an individual arbitration you have commenced against us or that is compelled by a court, we will pay, or reimburse you for your payment of, any Arbitration Fees that exceed the filing fee for the federal court located in the venue in which the arbitration will take place if (a) you did not purchase the products for resale (i.e., bought them as the consumer end user), and (b) the amount of your Claim does not exceed $75,000. For us to pay these fees or reimburse you for your payment of these fees, you must notify us in writing of your request for reimbursement at the Notice Address. If this reimbursement provision applies, and you have already paid a filing fee to file a case in state or federal court, you will not be required to pay that amount again if the court compels arbitration.

   Arbitration Administrator and Rules: The party electing arbitration must choose between one of two administrators: (1) the American Arbitration Association (“AAA”), or (2) JAMS. The rules or codes of procedures in effect at the time the arbitrator is elected that apply to the claims (for example, the AAA or JAMS consumer rules will apply to your claim if you are a consumer) will apply to the arbitration, and these rules are incorporated into this Agreement to the extent they are consistent with this Agreement. You may obtain a copy of the rules/codes, and more information about initiating an arbitration, by (1) contacting AAA at 1- 800-778-7879 or visiting www.adr.org, or (2) contacting JAMS at 1-800- 352-5267 or visiting www.jamsadr.com. The arbitrator is bound by the terms of this Agreement. If neither AAA nor JAMS can serve, the parties may agree on another administrator, or a court may appoint one.

   What Law the Arbitrator Will Apply: The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court, or by state or local laws that relate to arbitration proceedings. The arbitrator will, however, apply the same statutes of limitation and privileges that a court would apply if the matter were pending in court. In determining liability or awarding damages or other relief, the arbitrator will follow the applicable substantive law, consistent with the Federal Arbitration Act (FAA), that would apply if the matter had been brought in court. The law of the State of Ohio applies to this Agreement, and will be applied by the arbitrator, as set forth above in the Choice of Law section above.

   The Arbitrator’s Decision and Award: At the timely request of either party, the arbitrator shall provide a brief written explanation of the grounds for the decision. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court.

   Effect of Arbitration Award; Appeal: The arbitrator’s award shall be final and binding on all parties, except for any right of appeal provided by the Federal Arbitration Act. 

   Federal Arbitration Act: This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Provision.

   CLASS ACTION WAIVER: Neither you nor the Company will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with claims of any other persons. No arbitrator shall have authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any person or entity other than you and/or us individually. The parties acknowledge that the Class Action Waiver is material and essential to the arbitration of any Claims and is non severable from this Arbitration Provision. If the Class Action Waiver is voided, found unenforceable, or limited with respect to any Claim for which you seek class-wide relief, then the parties’ Arbitration Provision (except for this sentence) shall be null and void with respect to such Claim, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The Arbitration Provision, however, shall remain valid with respect to all other Claims. The parties acknowledge and agree that under no circumstances will a class action be arbitrated.

   Conflicts; Severability; Survival: This Arbitration Provision is intended to be broadly interpreted. In the event of a conflict between the provisions of this Arbitration Provision and the AAA or JAMS rules, or any other terms of the Agreement, the provisions of this Arbitration Provision shall control. If any part of this Arbitration Provision is deemed or found to be unenforceable for any reason, the remainder shall be enforceable, except as provided by the Class Action Waiver. This Arbitration Provision shall survive the termination of any relationship between us, including the termination of the Agreement.

   LIMITATION OF CLAIMS

   You agree that regardless of any statute or law to the contrary, any Claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such Claim or cause of action arose or be forever banned. This provision only applies if you purchased products from the Site for resale to others (that is, it does not apply to consumer transactions).

   SEVERABILITY

   If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

   OUR ADDRESS

   Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:

   BrainSpan Life Sciences LLC,
   3057 NUTLEY ST
   SUITE 533 
   FAIRFAX VA
   22031-1931 (“Notice Address”). 
   

   MODIFICATIONS TO SERVICE

   BrainSpan reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the BrainSpan features or Services, and (ii) BrainSpan shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. The Software that you use may from time to time automatically download and install updates from BrainSpan. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit BrainSpan to deliver these to you) as part of your use of the Services.

   You acknowledge that BrainSpan may offer different or additional technologies or features to collect and/or interpret Personal Information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Personal Information without fee, and that you will have to pay additional fees in order to have your Personal Information collected, processed, and/or interpreted using any future or additional technologies or features. 

   DISCLAIMER OF WARRANTIES

   YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BrainSpan EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT; (2) BrainSpan MAKES NO WARRANTY THAT: (a) THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND/OR (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BrainSpan OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS; AND (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. BrainSpan DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, BrainSpan SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.

   LIMITATION OF LIABILITY

   WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BrainSpan SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BrainSpan HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; OR (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES. 

   INDEMNITY

   You agree to defend and hold BrainSpan, and its subsidiaries, affiliates, officers, members, directors, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the TOS; or your violation of any rights of another.

   If you have submitted a Sample or otherwise provided your own Personal Information, you will defend and hold harmless BrainSpan, its employees, contractors, successors, and assigns from any liability arising out of the use or disclosure of any information obtained from genotyping your Sample and/or analyzing your Personal Information, which is disclosed to you consistent with our Privacy Statement or results from any third-party add ons to tools we provide. In addition, if you choose to provide your fatty acid/cognitive function and/or Self-Reported Information to third parties - whether individuals to whom you facilitate access, intentionally or inadvertently, or to third parties for diagnostic or other purposes - you agree to defend and hold harmless BrainSpan, its employees, contractors, successors, and assigns from any and all liability arising from such disclosure or use of your fatty acid/cognitive function and/or Self-Reported Information.

   NOTICE

   Notices to you may be made via either email or regular mail. BrainSpan may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Services.

   Official notices related to this TOS must be sent to us at:

   BrainSpan Life Sciences LLC
   ATTN: Chief Legal and Regulatory Officer
   3057 NUTLEY ST
   SUITE 533 
   FAIRFAX VA
   22031-1931 (“Notice Address”) 
   FAIRFAX VA 22031-1931 
   TEL: 800-531-1518
   

   Additionally, BrainSpan accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.

   CHANGES TO THE TERMS OF SERVICE

   BrainSpan may make changes to the TOS from time to time. When these changes are made, BrainSpan will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services.

   You acknowledge and agree that if you use the Services after the date on which the TOS have changed, BrainSpan will treat your use as acceptance of the updated TOS.

   MISCELLANEOUS

   1. Entire Agreement. The TOS constitute the entire agreement between you and BrainSpan and govern your use and/or purchase of the Services, superseding any prior agreements between you and BrainSpan on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
   2. Waiver. The failure of BrainSpan to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. 
   3. Term for cause of action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (6) months after such claim or cause of action arose or be forever barred. 
   4. Admissibility of printed version. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 
   5. Section titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
   6. Severability Clause. If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect. 
   7. Amendments. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.brainspan.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time pursuant to the Termination section in this Agreement). 
   8. Assignment: You may not assign or delegate any rights or obligations under the  Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, BrainSpan for any third party that assumes our rights and obligations under this Agreement.