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Terms, Conditions and Disclaimer
The Braincandy™ company (hereinafter “BC”) makes no warranties of any kind, whether expressed or implied, for the service it is providing. BC also disclaims any warranty of merchantability or fitness for a particular use or purpose. We do not warrant that this site, its servers, or e-mail sent from us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. Services provided by BC may only be used for lawful purposes. Transmission or publication of any information, data or material in violation of any U.S. Federal or State regulation, ordinance, rule or law is prohibited. This includes, but is not limited to, unsolicited email campaigns (spamming), material protected by copyright, trade secret or any other statute, threatening material or obscene material (pornographic nature). You agree to defend, hold harmless and expeditiously indemnify BPC from any liability, claim, loss, damage or expense resulting from your use of this website. By visiting this site, you agree that the laws of the State of Washington without regard to principles of conflict of laws, will govern these conditions of use and any dispute of any sort that might arise between you and BC or its affiliates. Any dispute relating in any way to your visit to this site or to products you purchase through this site shall be submitted to confidential arbitration in Seattle, Wahington, except that, to the extent you have in any manner violated or threatened to violate BC’s intellectual property rights, BC may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. All materials contained in this site are the copyrighted property of the BC. All trademarks, service marks, and trade names are proprietary to BC. No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the express written permission of BC. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from this site. ©2007 Braincandy is a trademark of Braincandy
Company. All Rights Reserved.
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