PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING ANY SITE, INCLUDING WITHOUT LIMITATION ANY MOBILE APPLICATIONS (collectively, "Site") OWNED OR CONTROLLED BY ENVY BRAINS, LLC ("Nova Brains", "we", "us", or "our"). YOUR USE OF OR ACCESS TO, OR LICENSE OF INFORMATION, MATERIALS, PROGRAMMING, PRODUCTS, OR ANYTHING ELSE OF USE OR VALUE ON THE SITE CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF USE THEN IN EFFECT. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE OR ACCESS THE SITE. We may combine your visit and navigational information with personal information that you provide. You may always choose not to provide personal information, but if you so choose, certain products and services may not be available to you. For some services and activities on the Site, including without limitation the Interactive Areas (as defined below), you may need an account. Personal information (e.g., your name, email, and password) is collected when you create an account. Additional personal information (e.g., your credit card number and billing address) is collected to process transactions or to provide you with products and services (collectively, "Personally Identifiable Information").
By using the NovaBrains.com website, or any applicable subdomains thereof, or any applications, mobile applications*, functions, facilities, content, materials, or other services provided by Envy Brains LLC (collectively, "Service"), whether as a guest or a registered user, you agree to be bound by the following terms and conditions ("Terms of Use").
1. OUR RELATION
By accessing and using our products and services, you agree to comply with the Terms of Use listed here as well as our Privacy Policy.
We agree to do our absolute best to provide you with quality services. In return, you agree to refrain from activity that interferes with or prohibits us from providing these services to you.
By using our services, you agree to access them through our interface and not to attempt circumventing our system.
We reserve the right to terminate your account or stop providing products and services should you violate our Terms of Use.
Should you decide you no longer want to use our products, you can terminate your agreement at any time by asking for your account to be destroyed.
We reserve the right to terminate your account or stop providing products and services should you violate our Terms of Use.
If you're not satisfied with our services, or find that it fails to meet your learning needs, contact us at hello@novabrains.com and we will gladly refund your last payment. However, if you have completed more than 25% of your yearly sub, we reserve the right to decline a refund.
2. YOUR RESPONSIBILITY
You must be 13 years of age or older to use this Service.
You must provide a valid email address, and any other required information.
You must ensure your account information remains accurate.
You are responsible for the safekeeping of your account credentials. Account activity is your responsibility, so we suggest keeping this information in a safe place.
Your account may only be used by one person or legal entity.
We will not be liable for decisions you make or your actions beyond the scope of our products.
You are responsible for content posted and any activity that occurs under your account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including copyright or trademark laws).
Our products are for your personal use. We work hard to provide you with a quality product and expect that you won't try to resell, copy, or make our products available to others without our written permission. If you love our product enough to pass it along, please just ask us for permission
3. OUR SERVICES
We consistently add to and improve our products and services. We may update, add, or remove products without prior notice.
We strive to provide you with an exceptional customer experience and are always open to suggestions, comments, and feedback through our provided means of communication.
We want you to learn and have fun doing so while using our products, however we can't guarantee this will be the case.
We work diligently to make sure our products and services are available and reliable. Because of the nature of our business, this is not something we can always control or guarantee.
4. ENROLLMENT
A valid credit card is required for payment.
The Service is billed in advance on a monthly (or yearly) basis, as determined by your initial enrollment date. That date may shift over time due to the different lengths of months.
All enrollment plans are automatically renewed unless customers preemptively cancel their membership, which can be done from their 'My Account' page.
5. CANCELLATION
You are responsible for properly canceling your subscription. You can do so at any time by clicking on the "My Account" link in the navigation at the top of the screen.
If you cancel your subscription before the end of your current billing cycle, your cancellation will be effective on the day the next cycle is set to start. In the meantime, you will retain access to our Service.
Nova Brains, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Nova Brains service, for any reason at any time.
Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account.
Nova Brains reserves the right to refuse service to anyone for any reason at any time.
Nova Brains reserves the right at any time and from time to time to modify or discontinue promotions and/or discounts with or without notice.
If a promotion or discount is ending, we will do our best to give advanced notice, but it is not guaranteed.
6. COPYRIGHT
The look and feel of the Service is Copyright Envy Brains LLC. All rights reserved.
You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without the express written permission from Nova Brains.
6. GENERAL CONDITIONS
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
Technical support is only provided to paying account holders and is only available via email. Support is only available in English.
You understand that Nova Brains uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Nova Brains, or any other Nova Brains service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission from Nova Brains.
Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Nova Brains customer, employee, member, or officer, will result in immediate account termination.
You must not upload, post, host, or transmit unsolicited email, or "spam" messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Nova Brains) of other Nova Brains customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
Nova Brains does not warrant that
(1) the service will meet your specific requirements,
(2) the service will be uninterrupted, timely, secure, or error-free,
(3) the results that may be obtained from the use of the service will be accurate or reliable,
(4) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
(5) any errors in the Service will be corrected.
You expressly understand and agree that Nova Brains shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, damages for loss of profits, goodwill, use, data or other intangible losses (even if Nova Brains has been advised of the possibility of such damages), resulting from:
(1) the use or the inability to use the service;
(2) 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 service;
(3) unauthorized access to or alteration of your transmissions or data;
(4) statements or conduct of any third party on the service;
(5) or any other matter relating to the service.
The failure of Nova Brains to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
The Terms of Service constitutes the entire agreement between you and Nova Brains and govern your use of the Service,
superseding any prior agreements between you and Nova Brains (including any prior versions of the Terms of Service).
You agree that these Terms of Service and Your use of the Service are governed under South Carolina law.
Questions about the Terms of Service should be sent to hello@novabrains.com
Last updated on January 20th, 2019. Inspired by the CodeSchool Terms of Service .