Terms of Use

TERMS AND CONDITIONS OF USE FOR ROBFALKEN.COM AND BRAINIACLABS.COM


INTRODUCTION:

These websites (the "Sites") are owned and operated by BrainiacLabs, LLC. By viewing or using this Site, you agree to these Terms and Conditions, and those promulgated by BrainiacLabs, LLC from time to time. BrainiacLabs, LLC reserves the right to amend, change or modify these terms and conditions at any time, with or without notice to you. By using the Site after we post any such changes, you hereby agree to such modified terms. If you do not agree to any of these Terms or Conditions or any changes made by BrainiacLabs, LLC hereafter, you may simply exit the Site.

This Site is operated by BrainiacLabs, LLC, from its office in Solana Beach, California. BrainiacLabs, LLC makes no representation that content of the Site is appropriate or lawful in other territories or jurisdictions. Use or access of this Site from territories or jurisdictions where the Site or any of its content is illegal, unlawful, violative of obscenity or other laws is strictly prohibited. Those who choose to access this Site from other states or countries do so at their own risk and such users are solely responsible for compliance with applicable local laws.

The content that appears on our Site is for informational purposes only. We do our best to ensure that the information posted on the Site (including product info, availability, dealer locations, etc.) is timely and accurate; however, errors do appear from time to time. We are not responsible for, and do not guarantee the performance of, goods and services provided by any third party to whose website we link. We may from time to time place a button or link to the website of another individual or company. Any links on this Site are designed for convenience only, and do not constitute an endorsement by BrainiacLabs, LLC of that site, its owner or host or the products or services offered or listed on such site. You access such linked sites and off-site pages at your own risk. It is up to you to take precautions to ensure that such linked sites that you visit and the information you select on them are free of viruses, worms, vermin, trojan horses, and other items of a destructive nature. We are not responsible for the content of Linked Sites or any off-site pages linked to the BrainiacLabs, LLC site.

All text, images, graphics, logos, icons, design elements, trademarks, trade dress and other Site content, as well as the specific arrangement thereof, are ® & © Copyright 2024, BrainiacLabs, LLC, 991 Lomas Santa Fe Dr., Suite C #246 Solana Beach, CA 92075. All rights reserved.

OWNERSHIP OF SITE CONTENT:

Unless otherwise stated, the text, software, images, graphics, logos, icons, photographs, images, illustrations, audio clips, video clips, design elements, copyrights and copyrightable materials, trademarks, trade dress and other Site content (collectively referred to herein as the "Site Content") are the exclusive property of BrainiacLabs, LLC or his licensers. Except where such permission is specifically granted, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Site Content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of BrainiacLabs, LLC and, where applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. BrainiacLabs, LLC grants you no express or implied rights by way of your permitted downloading of copyrighted material.

RESTRICTIONS ON YOUR USE:

Your use of this Site is pursuant to a single-copy revocable license granted to you. As a condition of your use of this Site, you warrant to BrainiacLabs, LLC that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. All other rights, including all rights of ownership, are reserved by BrainiacLabs, LLC. This means that you may access the Site using a browser and you may download one copy of the Site Content on a single computer for your own personal and non commercial internal use. You shall not: (a) modify the Site Content, in whole or in part; (b) use the Site Content, in whole or in part, for any commercial purpose or public display, performance, sale, or rental; (c) de compile, reverse engineer, or disassemble software materials; (d) remove any copyright notice or other proprietary notices from the Site Content; or (e) assign, transfer or export, or attempt to assign, transfer or export, the Site Content, in whole or in part, to another person. You agree to prevent any unauthorized copying of the Site Content.

TRADEMARKS:

The trademarks, logos and any designs used or displayed on the Site are trademarks and/or service marks owned by BrainiacLabs, LLC, or on occasion, used by BrainiacLabs, LLC under license from another third party. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of BrainiacLabs, LLC is strictly prohibited. Other trademarks, service marks, trade names and company logos utilized in the Site are the property of their respective owners. All Rights Reserved.

DISCLAIMER OF WARRANTIES:

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER BRAINIACLABS, LLC, HIS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, THIRD PARTY CONTENT PROVIDERS OR LICENSERS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BRAINIACLABS, LLC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL BRAINIACLABS, LLC OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE SOFTWARE USED IN CONNECTION WITH THE SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

IN NO EVENT SHALL BRAINIACLABS, LLC (INCLUDING HIS EMPLOYEES, DIRECTORS, AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ANY HYPERLINKED WEBSITE, EVEN IF BRAINIACLABS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF BRAINIACLABS, LLC IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.


CONTENT YOU POST:

You agree not to post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without BrainiacLabs, LLC express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in BrainiacLabs, LLC discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on line services, whether or not such other services are competitive with BrainiacLabs, LLC By submitting material to any public area of the Site, including but not limited to chat rooms, you automatically grant (or warrant that the owner of such material has expressly granted) BrainiacLabs, LLC the royalty free, perpetual, irrevocable, non exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user of the Site to access, view, store or reproduce the material for that user's personal use. You hereby grant BrainiacLabs, LLC the right to edit, copy, publish and distribute any material made available on the Site by you. BrainiacLabs, LLC shall have the right, but not the obligation, to monitor the content of the Site, including chat rooms and forums, to determine compliance with these Terms and Conditions or any operating rules established by BrainiacLabs, LLC and to satisfy any law, regulation or authorized government request. BrainiacLabs, LLC shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, BrainiacLabs, LLC shall have the right to remove, at any time and without notice to you, any material that BrainiacLabs, LLC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

TERMINATION:

This agreement is effective until terminated by BrainiacLabs, LLC, at any time without notice. In the event of termination, you are no longer authorized to access this Site and the restrictions imposed on you with respect to the Site Content as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

GENERAL TERMS:

This Site, and its use, shall be governed by the substantive laws of the State of California and the United States of America. The exclusive jurisdiction and venue for any dispute or litigation arising out of or related to the Site, its content, these Terms and Conditions or your use of the Site shall be the state or federal courts located in the County of San Diego, California. Any rights not expressly granted herein are reserved by BrainiacLabs, LLC. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. Failure of BrainiacLabs, LLC to enforce a right under these Terms and Conditions will not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved. The above stated rules represent the entire understanding between each user of the effektchange.com Site, regarding each user's relationship with BrainiacLabs, LLC and supersedes any prior statements or representations.

PRIVACY STATEMENT:
The purpose of this statement is to let you know what information we collect, how we collect it, and under what circumstances we use it. We respect your privacy.


INFORMATION THAT IS COLLECTED:

Please don't tell us things you don't want us to know.
We know personally identifying information about visitors to our site only because you voluntarily give us this information. We don't use "cookies" or any other technology to get information about you without your knowledge.


WHAT HAPPENS TO THE INFORMATION THAT IS COLLECTED:

The information you give us stays with BrainiacLabs, LLC and with BrainiacLabs, LLC partners. We maintain strict security over the information you give us and use it only in the following ways:

1. To send you information you request and to update you on the status of that request.
2. To monitor the traffic on our site to help us design the best, most efficient site we can.
We maintain your information in-house by BrainiacLabs, LLC. If you want to remove your information from our database please contact us.

CHILDREN'S POLICY:

In accordance with the Children's Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13. If you are under 13, you cannot request further information such as stickers. Please have your parents contact us to enter this information.