End Users License Agreement

1. About Brain Stim Audio

Brain Stim Audio (BSA) is an online subscription-based streaming auditory brain stimulation program employing Rhythmic Entrainment Intervention (REI) technology. REI is based on techniques used around the world for thousands of years. These techniques rely on two aspects of the human nervous system: that a repetitive rhythmic stimulus can have a synchronizing effect and that a novel stimulus can have an activating effect on the brain.

REI was developed by Jeff Strong after ten years of ethno-musicological research into traditional rhythm-healing techniques (1983-1993). Starting in 1993, clinical research was conducted to develop the protocols for REI. Over the last 20 years numerous research projects have been conducted, with studies and articles published in various journals (you can read some of the research in the Resource section of the Strong Institute website).

Brain Stim Audio is also unique in that it combines the core components of REI – the rhythm and ambient – to optimize the music for your needs.

Brain Stim Audio is a streaming internet service and requires a high-speed internet connection of at least 512kbps and computer device with an up-to-date internet browser containing current java and flash plug-ins in order to operate effectively. If you are unsure if you have the proper computer capabilities go to http://www.stronginstitute.com/browser.html to do a browser check. If your browser is out of date and can’t be upgraded you should not try to use the Brain Stim Audio service.

2. Acceptance of Terms of Use

These Terms of Use, which include our Privacy Policy govern your use of the Brain Stim Audio service, including all features and functionalities, instant streaming, our website and user interfaces, and all content and software associated therewith (the “Brain Stim Audio service” or “service”). By using, visiting, or browsing Brain Stim Audio, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use Brain Stim Audio, including our website and user interfaces.

These Terms of Use govern your use of the Brain Stim Audio and you should read them carefully. The Brain Stim Audio service is provided by Strong Institute, Inc.

3. Changes to the Agreement

Brain Stim Audio may make changes to this Agreement at its sole discretion. Any material changes will be communicated to you and your acceptance of and / or continued use of the Brain Stim Audio Service after such notification of changes to this Agreement will constitute your acceptance of such changes.The most current version of the Terms of Use will supersede all previous versions.

4. Privacy and communications preferences

Any personally identifying information submitted through the Brain Stim Audio service is subject to our privacy policy http://www.stronginstitute.com/about/strong-institute-privacy-notice.html. Please review our Privacy Policy as you accept the policy simply by using the Brain Stim Audio service.

By using our service, you are consenting to receive certain communications from us. By using the Brain Stim Audio service, you consent to receiving electronic communications from Brain Stim Audio. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Brain Stim Audio and you receive them as part of the Brain Stim Audio membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You may also opt-in to receive our Brain Stim Audio newsletter. The Brain Stim Audio newsletter contains tips on using Brain Stim Audio, features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply click on the unsubscribe link in our email communications.

5. Accounts

By creating a Brain Stim Audio account, you confirm that you are 18 years of age or more, or that you are 12 years of age or more and that you have received your parent’s or guardian’s consent to enter into this Agreement, that you have your residence in one of the countries in which Strong Institute provides the Brain Stim Audio Service, that any registration information that you submit to Brain Stim Audio is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to the terms and conditions of this Agreement and the privacy policy (http://www.stronginstitute.com/about/strong-institute-privacy-notice.html).

6. Term and termination

This Agreement will become effective in relation to you when you create a Brain Stim Audio account or when you start using the Brain Stim Audio Service and will remain effective until terminated by you or Brain Stim Audio. You may cancel your subscription to Brain Stim Audio at any time by visiting your preferences page in your profile. Termination shall have effect at the expiration of the then-current subscription period that you have already paid for (e.g. one month, one quarter or a year). Brain Stim Audio will not refund any remaining portion of subscription fees you have already paid for.

Brain Stim Audio reserves the right to terminate this Agreement or suspend your Brain Stim Audio account at any time in case of unauthorized or suspected unauthorized use of the Brain Stim Audio Service whether in contravention of this Agreement or otherwise. If Brain Stim Audio terminates this Agreement, or suspends your Brain Stim Audio account for any of the reasons set out in this section, Brain Stim Audio shall have no liability or responsibility to you, and Brain Stim Audio will not refund any amounts that you have previously paid.

7. Customer support

If you have any questions concerning the Brain Stim Audio Service or this Agreement, please contact customer support by emailing us at support@brainshiftradio.com or calling 800-659-6644.

8. Copyrights and intellectual property

8.1 Brain Stim Audio content

All content contained on brainstimaudio.com, including all audio, video, text, images, are the property of Strong Institute, Inc.

8.2 Member mixes

All member mixes, including tracks, mix ratios, titles and descriptions, are the property of the Strong Institute, Inc. You may share links to your mix but you are bound by the Restrictions of Use (section 9).

9. Restrictions of use

As a user of Brain Stim Audio, you agree that you may not (without limitation): copy, reproduce, “rip”, record, make available to the public or otherwise use any part of the Brain Stim Audio Software Application or the Brain Stim Audio Service or its content (including but not limited to tracks, mixes, images and text) in a manner not expressly permitted under this Agreement; sell or attempt to sell any invite to access the Brain Stim Audio Service, or resell any code used to access the Brain Stim Audio Service; provide your password to any other person or use any other person’s user name and password; reverse-engineer, decompile, disassemble, modify, duplicate, or create derivative works based on the Brain Stim Audio Software Application or the Brain Stim Audio Service or any part thereof; circumvent any technology used by Brain Stim Audio, its licensors, or any third party to protect content accessible through the Brain Stim Audio Software Application and Brain Stim Audio Service; rent or lease any part of the Brain Stim Audio Software Application or the Brain Stim Audio Service; use the Brain Stim Audio Software Application or the Brain Stim Audio Service in a way that violates the terms of this Agreement; circumvent any territorial restrictions applied by Brain Stim Audio; artificially increase play count or otherwise manipulate the Brain Stim Audio Software Application or the Brain Stim Audio Service by using a script or other automated process; and import any local files which you have not legally acquired into the Brain Stim Audio Service.

In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the Brain Stim Audio Software Application and the Brain Stim Audio Service and its content. You also acknowledge and agree that Brain Stim Audio may remove or reclaim your username at any time if Brain Stim Audio in its absolute discretion considers such action appropriate.

10. Brain Stim Audio community

The Brain Stim Audio service has features that allow you to make your profile publicly available, share links to mixes and playlists with other users of Brain Stim Audio and with others outside of the Brain Stim Audio community. If you use Brain Stim Audio, you must respect other users of the Brain Stim Audio community in your interactions with them. Brain Stim Audio reserves the right, in its absolute discretion, to disable your account if it believes that you are violating this principle. Unacceptable behavior will result in your account being terminated and you being blocked from accessing the Brain Stim Audio Service. Examples of unacceptable behavior include, but are not limited to: giving mixes offensive, abusive, defamatory, pornographic or obscene titles and/or descriptions; harassing or bullying other users; spamming other users, or using automated means to artificially promote content; and using a photo on your profile that infringes the copyright of a third party, or is offensive, abusive, defamatory, pornographic or obscene.

11. Disclaimer

Brain Stim Audio is for entertainment purposes only and is not intended to diagnose, treat, cure or prevent any disease or psychological or mental disorder. It is also not a substitute for a qualified doctor’s or mental health profession’s care. If you have a specific condition, please consult your licensed health care professional.

The information contained on this website is for educational and entertainment purposes only. Due to the experimental nature of REI brain stimulation techniques, and because it is a relatively new approach and the extent of its effectiveness, as well as its risks and benefits are not fully known, as a user you agree to assume and accept full responsibility for any and all risks associated with using any Brain Stim Audio content. You understand that your choice to use brainstimaudio.com is of your own free will and you are not subject to any outside pressure.

The Strong Institute’s research has shown that Brain Stim Audio’s REI tracks can offer episodic improvements in the symptom areas provided by Brain Stim Audio, but neither Brain Stim Audio nor the Strong Institute and their officers and directors guarantee episodic improvements in symptoms. As a user you accept the risk that Brain Stim Audio may have no impact whatsoever on your symptom areas.

Brain Stim Audio’s Sleep and Meditation tracks can induce a sleep and meditative state. Users are not to use heavy equipment or any equipment that requires an alert state before or while playing Sleep and Meditation tracks.

Brain Stim Audio’s REI tracks are designed to be played at a low volume. Playing BSA tracks at a volume that is too high can incite anxiety or aggression in the user. Brain Stim Audio assumes no responsibility whatsoever for adverse reactions such as anxiety or aggression that may result from a user who plays BSA tracks at a volume that is too high. If a listener is agitated by a BSA it is their responsibility to stop listening to the BSA tracks.

12. Limitation of liability

In no event shall Brain Stim Audio, its affiliates, officers, directors, employees, licensors or any third parties be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use the Brain Shift Stim Audio (including but not limited to its content), even if you have advised Brain Stim Audio about the possibility of such loss, and including any damages resulting therefrom. Your only right with respect to any problems or dissatisfaction with the Brain Stim Audio Service is to stop using the Brain Stim Audio Service.

13. Indemnity

You agree to indemnify and hold Brain Stim Audio and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.

14. Technology limitations and modifications

Brain Shift Radio will make reasonable efforts to keep the Brain Stim Audio Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Brain Shift Radio reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Brain Stim Audio Service with or without notice.

15. Research and publication

The Strong Institute is a research institute and, as such, we often write and publish research findings. Your client data may be part of a study without your notification. Rest assured, we will not include any identifying information about you in such publication.

16. Mediation and arbitration

By agreeing to the terms of this document, you are agreeing that all disputes arising out of or in relation to this agreement to provide the Brain Stim Audio service shall first be directed to Beth Kaplan (800-659-6644 extension 506) and, if no resolution can be reached, referred to mediation, before, and as a pre-condition of, the initiation of arbitration.

17. Entire agreement

This Agreement together with the Brain Stim Audio Privacy Policy, (the “Agreements”) constitutes all the terms and conditions agreed upon between you and Brain Stim Audio and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Agreements in any written or oral communication from you to Brain Stim Audio are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by Brain Stim Audio not contained in this Agreement.

18. Severability

Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.Stim Audio