TERMS OF SERVICE

Terms of Service, Legal Agreement
Last Updated on August 19th, 2020

LEGAL TERMS AND CONDITIONS (Consult your own lawyer for advice)

 CUSTOMERS: This Agreement together with the General Terms and Conditions below constitute a binding Agreement for BRAINS LLC., Customers. 

This Agreement together with the information and disclaimers that are found on line from BRAINS LLC form the contract between the parties. These documents can be obtained at the bottom of this page.

GENERAL TERMS TO READ AND UNDERSTAND:

*The Company reserves the right, for any reason, to terminate this Agreement immediately by giving you written notice within 7 days of the date it has received this Agreement. THE TERMS RELATING TO PROHIBITIONS BY THE COMPANY SHALL SURVIVE SUCH TERMINATION.

*I have READ AND ACCEPTED all terms and conditions relevant to this Agreement.

REFUND POLICY:

IF YOU SIGN/ACCEPT THIS CONTRACT, YOU HAVE 30 DAYS IN WHICH TO CANCEL AND GET YOUR FULL MONEY BACK AS A REFUND, IF YOU CAN PROVE YOU WATCHED MORE THAN 50% OF THE VIDEOS IN THE COURSE, AND CAME ON AT LEAST ONE OF OUR BI-WEEKLY COACHING CALLS (EVERY TUESDAY AND FRIDAY) AND THE PROGRAM STILL WASN'T RIGHT FOR YOU. (See Refund Policy Below)

Our goal is to get you results, we can't help you achieve results if you don't watch the videos/content we've provided or join our live coaching calls.
 
SPECIFIC TERMS TO READ AND UNDERSTAND:
 
WHEREAS, Customer desires to become involved in the BRAINS LLC (Company)., training and educational system programs, conducted live and otherwise by the Company.
WHEREAS, Customer will develop his/her own Investment Fund using the Customers own experience and may use the training and educational information provided by BRAINS, subject to the risk disclosures and procedures described hereafter.

NOW THEREFORE THE CUSTOMER AGREES AS FOLLOWS:

This Customer Agreement, together with updates and information on line by the Company through its website, constitutes the entire agreement between me: the “Customer”, and the “Company”: 

1. I declare and warrant that I am legally able to enter into this Agreement and agree to be bound by its terms and conditions. 

2. As a Customer, I am granted the right to use the BRAINS proprietary training and educational tools and systems as shown by BRAINS for starting a fund on my own. My funds and money raised are for personal or my business use. 

3. I understand that this Agreement will remain in effect unless cancelled in writing by BRAINS LLC or me upon written notice. Notwithstanding cancellation the prohibition provision by the Company survive.

4. I authorize the Company to use my Credit Card for said fees as well as PAYPAL or STRIPE App.

5. As Customer I am an independent Investment Fund entrepreneur in my name or my Company name and I am solely responsible for all of my own expenses, decisions and actions.  

6. As Customer I do not represent the Company and cannot bind BRAINS LLC Company in any way, nor represent the Company in any way.  

7. As a Customer I am forbidden from making claims about the company and its successes or projected profits or training and educational programs except to say the Company has been a positive help in my Investment Fund projects and anyone interested should make their own determinations as to becoming a Customer through their own due diligence.   

8. Customers are solely responsible for any and all representations they make to others regarding the Company and its business model. 

9. Customers are not allowed to make representations of having any unique relationship with the Company.  

10. As Customer I am personally and solely responsible for any detrimental comments or claims I make toward the Company, the trainers, and/or other Customers or potential Customers.  

11. As Customer I agree and acknowledge that I am not allowed to give other Customers financial advice or Company information and educational materials on behalf of the Company.  

12. As Customer I am not allowed to transfer my rights to another person for the training programs.  

13. As Customer I agree to allow Company to record the trainings provided to me as Customer and from time to time use those recordings and my image for marketing, success stories and training purposes. Recordings are the sole property of Company and can be used at its exclusive discretion.  

14. If as a Customer I am found in violation of any of these terms, then my customer position with Company may be revoked/terminated at any time by the Company but the protections for the Company will survive.


15. Website

As a unique service that is provided by Company, Customer will have free access to the website(s): www.bridgerpennington.com 

The website is offered by Company to Customer as a resource to provide training, educational information and investment fund tips. There is no fee to be associated with the website, but approval and termination of customers on the website is within the exclusive right and purview of Company. Company can limit and/or remove anyone from the website at any time. 

16. Fund Manager/Agent/Financial Advisor/Dealer

If you are not a Licensed Advisor or Agent then you should seek the services of a licensed Agent/Broker to protect your side of any investment fund transactions in the State in which you are residing and raising or distributing funds in. It is not a requirement that you hire a Broker/Agent but is a good practice.

17. Confidentiality

Company has invested a lot of time and money into the training, education, design and marketing of its materials. As a result of signing up for the use of the BRAINS LLC programs and/or participating in training, Customer agrees not to duplicate, repackage, or re-sell any proprietary products including, but not limited to; training and educational materials. Customer agrees not to compete with Company and/or attempt to market a similar concept or product for the period of two years from the date of Customer’s written cancellation with Company. The non-competition and confidentially agreement extends to all family members, friends, acquaintances, and business associate of Customer. Customer shall not utilize the BRAINS LLC training, education, funding materials in a manner including but not limited to:

• Selling the training and educational materials to view or otherwise allowing a non-paying person to use them by proxy of Customer.

• Duplicating the materials of BRAINS.

•Sharing the materials with non-paying people using screen share technology in an effort to circumvent paying the fees.

•Sharing the materials with non-paying people using smart phone, television, projector, or other such devises for the purpose of personal gain or in order to circumvent paying the fees.

•Providing any information gleaned from the BRAINS materials and training to a non-paying person for that person’s benefit, monetary or otherwise.

•Inviting a non-paying person to participate, incognito during a training session for that person’s benefit, monetary of otherwise.

•Recording training or educational sessions and sharing them with non-paying person for that person’s benefit, monetary of otherwise

18. Indemnification

Customer agrees to indemnify Company against all losses incurred as a result of customers violation of this agreement. Additionally, if Customer elects to use Company products and services and/or training, and if Customer is under a non-compete, non-circumvent agreement with any other companies for any reason for any period of time, regardless of the validity of those agreements, Customer will be responsible to defend Company against all claims, actions, attorney fees, court costs, and/or judgments arising from such agreements.

19. Mediation & Arbitration

In the event a dispute arises with Customer and/or Company, the parties to the dispute MUST use mediation efforts in an attempt to resolve the dispute. Should mediation fail, the parties agree to submit to binding arbitration pursuant to the Utah Arbitration Act. Under this agreement, Customer can pursue their dispute and seek damages, but Customer is waiving their right to have it decided by a judge or jury.

20. Jurisdiction

Jurisdiction and Venue for this agreement will be the State of Utah Salt Lake County. If any portion of this agreement in in violation of State or Federal law, the remaining portions will remain in effect and binding. No portion of this agreement may be changed, altered or amended without prior written consent from both parties to this agreement. There are no oral agreements.

21. Severability and Attorney fees

If any portion of this agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and not be affected by the invalidity of any other provision. In the event of a dispute between the Company and Customer it is agreed that the prevailing party to any such dispute may recover its reasonable attorney fees and costs for enforcement of this agreement.

22. DISCLOSURES/DISCLAIMERS: (read carefully)

Customer agrees and acknowledges to hold the website, the Company and ALL who use the materials and information of the Company blameless and harmless for all losses Customer may incur as a result of the use. The Company through its services and website is to be a free exchange of thoughts and ideas associated with Investment Funds. In the event a trainer, Customer, a member of Company, or a visitor to the website shares an investment fund matter, Customer must use that information with extreme caution and do their own personal due diligence before entering into any investment fund transaction they participate in.  

In the event Customer asks other Customers or Trainers or any representative of the Company their thoughts or opinions on a investment fund transaction, or if Customer reads the dialogue from such a discussion on the website between other people or Customers, Customer agrees to hold ALL involved including the Company, blameless and harmless for all losses incurred from any and all investment matters. The website and live training programs are for educational purposes only. Company and Trainers will sometimes draw attention to potential investment fund issues and opportunities, however, Company and Trainer will NOT tell anyone on the website or training systems exactly what investment deals to consider. By entering into an investment fund transaction, Customer acknowledges and understands that this does not constitute the Company giving financial advice, investment fund advice, nor encouragement to make a purchase. If Customer enters into a investment fund transaction from those suggested by the Company or its materials , Customer enters into any said investment fund transaction after doing their own personal due diligence and is personally and solely responsible for the outcome of those transactions.  

Company and/or trainers frequently engage in “Live Training” sessions. Company and Trainers might give their opinions on investment fund matters. If opinions are given, they are offered as a service for Customers to show what the trainers and Company look for in a investment deal and how they analyze prospective investment transactions. If Customer enters into an investment fund transaction from those suggested through Trainers or material learned from the BRAINS programs, Customer takes on those investment fund transactions after doing their own personal due diligence and are personally and solely responsible for the outcome of those transactions.

*AS A CUSTOMER I KNOW INVESTMENT FUND TRANSACTIONS ARE COMPLICATED AND I PERSONALLY ASSUME ALL RISK OF LOSS OF ANY MONEY OR DEPOSITS I MAKE RELATING TO ANY INVESTMENT FUND TRANSACTION USING THE BRAINS LLC TRAINING PROGRAMS AND I AGREE TO RELEASE AND HOLD COMPANY HARMLESS AND BLAMELESS FROM ALL LOSSES.

Additional FINAL Notices

There are no guarantees or certainties in the world of investment funds. Reliability of investment profits and losses are in probabilities only and subject to many risk factors. Good investment fund deals involve hard work, risk, discipline and the ability to follow rules through volatile markets and fair market valuations that can be variable. If you are looking for a guarantee, starting a fund is not for you. Most people lose in investment fund matters. One of the reasons is that they lack discipline and are unable to comprehend all the legal and market issues about investment funds. A system can help you become successful but is no guarantee.  

Bridger Pennington & Mason Vranes
Under BRAINS LLC
Disclaimer:
All Information Shared Are The Sole Thoughts and Opinions Of The Author.
 Do Not Take Any Information As Legal Or Financial Advice. 
You Should Seek A Certified Accountant And A Professional Legal Team Before Taking Any Further Action.

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