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  • Terms of Use
  • Privacy Policy
  • Shipping & Returns

Terms of Use

Last Updated: August 2, 2020


These Terms of Use (“Terms”) apply to the website located at www.braini.com and all other sites, mobile sites, services, applications, platforms and tools where these Terms appear or are linked (collectively, the “Sites”) and Braini’s various lines of dietary supplement products (collectively, “Products”). As used in these Terms, “Braini”, “us”, “we” or “our” refer to Braini, LLC, its subsidiaries, and affiliates.

• Ownership of Sites; Agreement to Terms of Use

The Sites are property of Braini.

PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN A JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITES.

BY ACCESSING OR OTHERWISE USING THE SITES YOU AGREE TO BE BOUND BY THESE TERMS. DO NOT USE THE SITES UNTIL YOU HAVE READ THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITES. If you have any questions about the Terms, please contact us at support@braini.com.


• Nature of Products and Services

The Sites allow you to learn about and purchase Braini’s Products. Braini provides several services to you throughout this process including, but not limited to, online chat, e-mail and telephone assistance, mobile applications, order processing and shipping (collectively, “Braini Services”). The use of these Sites, Braini Services and any Products is subject to the Terms set forth herein.

• Privacy

For information on privacy, please review our Privacy Policy, which also governs your use of the Sites, to read about how we collect and use information about you.

• Electronic Communications

Electronic communication takes place when you visit the Sites, send us e-mails, text messages, chat with us on the Sites, or communicate with us in any way from your desktop or mobile device. By taking part in these activities, you consent to receive electronic communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages through the Sites or other Braini Services. You can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other electronic communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

• Intellectual Property

All content included on the Sites, on or in any Products or Braini Services such as text, graphics, logos, photographs, drawings, designs, other images, audio clips, video, animation, data, music, software, application updates, and other material (collectively "Content") is owned or licensed property of Braini and is protected by copyright, trademark, patent, or other intellectual property rights and unfair competition laws. Braini expressly reserves all intellectual property rights in all Content.

The collection, arrangement, and assembly of all Content on the Sites is the exclusive property of Braini and protected by U.S. and international copyright laws. Except as expressly provided in these Terms, no part of the Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Braini’s express prior written consent.

If you believe that there is content on the Site that infringes on material you own, please contact Braini at support@braini.com.

Please contact support@braini.com if you have questions about our Content or intellectual property, or its use.


• License

• License

• Your Account

You may need to create an account with Braini to use certain Braini Services or to purchase Products. The account will require you to provide a valid form of payment to make purchases. You are solely responsible for maintaining the confidentiality of your account, your payment information, your username, and your password and for restricting access to your account. You agree to accept all responsibility for the activities that occur under your account and password. Should you wish to delete your account with Braini, you can do so by following these steps:

- Email support@braini.com to notify us that you would like to delete your account.

- Once your account has been deleted, you will receive a confirmation email.

The Sites are intended for use by individuals 10 years of age or older. If you are under 18 years of age, you may use the Sites only with involvement and consent of a parent or guardian. By using the Sites, you agree that you have involved and received consent of a parent or guardian.

Braini reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Sites and to block or prevent future access to and use of the Sites (i) if you violate any of these Terms, or (ii) for any other reason deemed necessary and appropriate in Braini’s sole discretion. Upon any such termination, your right to use the Sites will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Sites. Upon termination, all provisions of these Terms which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.

• Use of Sites

The Sites may only be used for lawful purposes in accordance with the terms of the license granted in these Terms. You warrant to Braini that you will not use the Sites or any Content for any unlawful purpose or otherwise prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Braini or others.

You may not, by yourself or on behalf of a third party:

Make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Sites content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms; collect personally identifiable information about other users of the Sites; conduct fraudulent activities on the Sites; make any commercial use of the Sites or its Content, including making any collection or use of any product listings, descriptions, prices, or images; download, copy, or transmit any Content for the benefit of any other merchant; use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to search the Sites other than the search engine and search agents provided by Braini or generally publicly available browsers; frame, mirror, or use framing techniques on any part of the Sites without Braini’s express prior written consent; use any meta tags or any other hidden text utilizing Braini’s name or marks; misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Sites, or express or imply that we endorse any statement you make; violate or attempt to violate the security of the Sites, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Sites; (iii) attempting to probe, scan, or test the vulnerability of a system or network connected to the Sites, or to breach security or authentication measures on the Sites or any network connected to the Sites; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Sites, overloading, "flooding," "spamming," "mailbombing," or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Sites (impersonating the Sites) or to the Sites (impersonating another user); send unsolicited or unauthorized email on behalf of Braini; tamper with the Sites or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Sites or any activity being conducted on the Sites; use the Sites to defame, slander, abuse, harass, stalk, threaten, or otherwise violate the legal rights of any other person or organization, including others’ privacy rights or rights of publicity; use the Sites to post obscene, pornographic, profane or otherwise unlawful or indecent material; restrict or inhibit any other person from using the Sites (including, without limitation, by hacking or defacing any portion of the Sites); use the Sites to advertise without Braini’s express prior written consent; reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Sites; modify, adapt, reverse engineer, decompile, or disassemble any portion of the Sites; or remove any copyright, trademark, or other proprietary rights notice from the Sites or materials originating from the Sites.


• Content Submitted to Sites

Braini welcomes reviews and will occasionally allow users to submit comments, reviews, photos, videos or other content to the Sites, submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. Braini reserves the right (but not the obligation) to remove or edit such content.

By submitting content on the Sites, you grant Braini the right to reproduce, distribute, display, transmit, communicate, and derive other works from your post. Additionally, you grant Braini a royalty-free license to use the name image or likeness of a person identifiable in the review. By posting, you waive any and all rights under copyright law, right of publicity law, privacy law, and other legal rights (in addition to any “moral rights” that you may have in your posting). Finally, by submitting a review, you are agreeing that you are the sole and exclusive owner of the review(s) that you post; that by posting you are not infringing or violating the rights of any party (intellectual or proprietary).

Braini reserves the right to remove reviews as deemed necessary without an obligation to notify the reviewer.


• Risk of Loss

The risk of loss for and title to the Products purchased on the Sites will pass to the purchaser upon shipment of the Products from Braini’s location.

• Pricing and Payment

Our Products and pricing are displayed on the Sites. Prices, including all applicable taxes, will be displayed on the Sites before you make a purchase. Braini currently offers 12-month, six month and monthly pricing for its Products. Customers opting for the 12-month pricing are required to pre-pay for the first 3 months of their selected Products. Customers opting for the six-month pricing are required to pre-pay for the first 2 months of their selected Products.

Payments submitted through our website are processed by a third-party immediately after payment is received. Payments may be accepted by Visa, Mastercard, American Express and Discover. All payments are listed in and must be remitted in U.S. dollars.


• Returns, Refunds and Cancellations

A Products order may be cancelled at any time prior to shipment. Returns may be processed after receipt of the Products by the Company. Refunds will be processed in the form of the original payment. Products purchased with a promo code will not be refunded or credited back the amount of the promo code.

If you want to return your Product, contact support@braini.com

If you are not satisfied with Braini® for any reason, we will honor a refund of your product purchase price (not shipping) if you notify us by writing support@braini.com with a copy of your receipt attached and within 40 days of purchase that you are dissatisfied with your product. Refunding your purchase price is the limit of our financial obligation if you are unsatisfied with your Braini® product.

• Products Descriptions and Warranty

Braini endeavors to describe all our Products as accurately as possible. However, we do not warrant that Products descriptions are error-free. If Products you purchase are not as originally described, your sole remedy is to return the Products within 60 days.

• Disclaimers

ALL INFORMATION, CONTENT, MATERIAL, BRAINI SERVICES AND PRODUCTS ON THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BRAINI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIAL, OPERATION OF THE SITES, OR ANY BRAINI SERVICES OR PRODUCTS MADE AVAILABLE TO YOU, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES, PRODUCTS OR BRAINI SERVICES ARE DONE SOLEY AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BRAINI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRAINI DOES NOT WARRANT OR GUARANTEE THAT THE SITES OR ANY OTHER INTERNET BASED PRODUCTS, SOFTWARE, WEBSITES, APPLICATIONS, OR OTHER SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN INFORMATION, CONTENT, MATERIALS, SOFTWARE, PROGRAMS OR BRAINI SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR ELECTRONIC DEVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.


• Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BRAINI WILL NOT BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE, UNLESS OTHERWISE SPECIFIED IN WRITING, RELATED TO OR ARISING FROM THE SITES OR THEIR USE, OR ANY SITE OR RESOUCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE SITES, OR FOR THE USE OF OR DOWNLOADING OF, OR ACCESS TO, ANY INFORMATION, MATERIALS, PRODUCTS OR BRAINI SERVICES, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATE, EVEN IF BRAINI IS EXPRESSLY ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

BRAINI DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITES AND ANY BRAINI SERVICES OR PRODUCTS.

YOUR SOLE REMEDY AGAINST BRAINI FOR DISSATISFACTION WITH THE SITES OR PRODUCTS IS TO STOP USING THE SITES OR PRODUCTS AND, IF APPLICABLE, RETURN THE PRODUCTS DURING THE RETURN PERIOD.

If, notwithstanding the other provisions of these Terms, Braini is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Sites, Braini Services, Products or any Content, Braini’s liability shall in no event exceed the greater of (1) the total of any actual costs or fees charged with respect to any service or purchase made on the Sites, or (2) US $100.00.

Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.


• Indemnity

As a condition to the use of the Sites, you agree to defend, indemnify and hold harmless Braini, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, vendors, suppliers, subsidiaries and affiliates from and against liabilities, demands, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including attorneys’ fees), made against Braini by any third party due to or arising out of or in connection with your use of the Sites.

• Dispute Resolution

You agree that in the event of any dispute, claim, question, or disagreement arising from or relating to these Terms, the following rules and procedures shall apply.

Informal Dispute Resolution

In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms you and Braini (collectively, the “Parties”) shall use best efforts to settle the dispute, claim, question, or disagreement. To this effect, the Parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties.

To initiate this informal process, you must contact support@braini.com with a notice that contains your contact information, a brief written statement that contains the facts of the dispute, claim, question, or disagreement and the remedy sought. Braini will contact you using the information provided in the notice within five (5) business days of receipt of the notice. If a resolution is not reached within sixty (60) days of the date of the notice, then, upon notice by either Party to the other, all disputes, claims, questions, or differences shall be finally settled by mandatory binding arbitration.

Mandatory Arbitration

If a resolution of the dispute, claim, question, or disagreement is not made through informal dispute resolution process within sixty (60) days of the date of your notice, the Parties each agree that any claim or controversy arising out of or relating to these Terms shall be settled through final and binding arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Claims shall be heard by a single arbitrator. Arbitration may be conducted by telephone, based on written submissions, or in-person in Charlotte, North Carolina. The arbitration shall be governed by the laws of the State of North Carolina. The arbitration will be administered by the American Arbitration Association (AAA) under its applicable rules, including AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. AAA's rules and fee information are available at www.adr.org or by calling 1-800-778-7879.

Each Party shall bear its own costs and expenses and an equal share of the arbitrator’s and administrative fees of arbitration. Except as may be required by law, neither a Party nor the arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both Parties.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these terms as a court would. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

Initiating Arbitration

To begin an arbitration proceeding, you must send notice at support@braini.com with a copy to Braini’s registered agent, 906 West 2nd Avenue, STE 100, Spokane, WA 99201 within thirty (30) days of the expiration of the informal dispute resolution process requesting arbitration and describing the nature of the claim and remedy sought.


• Applicable Law

By using this Site, any Braini Services or Products, you agree that applicable federal law, and the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Braini.

• Sites Policies, Modification and Severability

Braini may at any time: (i) modify or discontinue any part of the Sites, (ii) charge, modify or waive fees required to use the Sites; or (iii) offer opportunities to some or all Sites users. Braini reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time without notice or liability, and will be effective immediately upon being posted on the Sites. It is your responsibility to monitor the Sites for any changes to the Terms. Your continued use of the Sites and any Braini Services after changes shall be deemed an acceptance and agreement to the changes. The date of the last revision of the Terms is located at the top of these Terms.

In the event that any part of these Terms is deemed invalid, void, or unenforceable for any reason, only that part or section will be severed. This severing will not affect the continuing enforceability or validity of the remaining parts or sections.


• Entire Agreement

These Terms constitute the entire agreement between you and Braini with respect to the Sites and Products and supersede all prior or contemporaneous communications relating to the Sites and Products. Any rights not expressly granted herein are reserved.

• Miscellaneous

Failure to fully exercise any rights or waiver of any breath of these Terms by either Party will not prevent such Party's subsequent exercise of such right or be deemed a waiver by such Party of any subsequent breach by the other Party of the same or any other term of these Terms.

You agree that all information provided to Braini is true, accurate, current, and complete. Braini is not liable or responsible for delays in shipping or order processing where inaccurate, incomplete, or false information has been provided.


• Our Contact Information

Braini LLC,

P.O. Box 1812,

Arden, NC 28704

USA


Privacy Policy

Last modified: October, 14 2020


Braini, LLC (“Company”, “We”, “Our” and “Us”) respects your privacy and is committed to protecting it through our compliance with this policy.


This Privacy Policy describes how we collect and use the personal information you provide to us on our websites or when you engage with us via our social media (collectively the “Sites”), in-person, through the mail, and through text and other electronic messaging, and how we use that information, including with whom we share it, and your choices regarding our use of the information. We also describe how you can contact us with questions and requests pertaining to your privacy.


By using the Sites or otherwise providing us information, you agree to the collection and use of your personal information in accordance with this policy.


• COLLECTION AND USE OF PERSONAL AND NON-PERSONAL INFORMATION

The Company produces and sells a wide variety of dietary supplements. These products are not intended to diagnose, treat, cure or prevent any disease. We collect personal and non-personal information from you to conduct research and to provide and improve our products and services. “Personal Information” means information that personally identifies you, such as your name, email address, shipping and billing address, phone number, and credit card number or other financial information used to pay or process payment. “Non-Personal Information” means information that relates to you but does not directly identify you, such as the type of technology or browser you are using to access our Sites (mobile, desktop, tablet, etc.).

We may collect the following personal information about you:

Contact Information such as your name, email address, mailing address and phone number, date of birth, billing Information such as your credit card number and billing address, though we do not maintain this information on our servers, even for recurring/subscription purchases. Unique Identifiers such as username, account number and password information provided to us through social media networks when you access our Sites via said networks (this could include your name, profile picture, and other personal information, as well as non-personal information).

We may collect the following non-personal information about you:

Information about your computer or device, including IP address, time and date of visit, browser type and version, operating system, device make and model. The pages of our Sites you visit, the time spent on our Sites, referring and exit pages. Information such as product wish lists/shopping carts, order history, searches on the Sites, product and marketing preferences, browsing habits, and other available data points and statistics, including information in survey responses or feedback you provide to us. Contact information of friends or other people you would like us to contact or connect with. Information provided to us through social media networks when you access our Sites via said networks (this could include your “likes” and other online engagement activity, location, friends list, and other information depending on the social network). De-identified and/or aggregated testing data, but we cannot associate the data with any person.

We obtain personal and non-personal information in the following ways:

Directly from you, including via the Sites, email, text, and other electronic messages between you and us. Indirectly from you, via automated means (such as our servers logging your IP address and related information).From third parties through data transfers and through technologies like cookies and web beacons.


• INFORMATION WE COLLECT BY AUTOMATED MEANS

When you visit our Sites or view or click on our online advertisements (including our advertisements on third party websites), we also collect certain information about you, your device, your online activity, and your usage of the Sites by automated means via third-party technologies such as cookies, web server logs and web beacons. For example, when you visit our Sites, we may collect your IP address, your unique device identifier (or other device identifier) and/or geolocation data in order to offer you certain features or functionalities. As set forth in more detail below, we may also collect information about your usage and browsing habits using various web-based technologies, including cookies and web beacons. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). While the information we collect automatically may only be statistical data and may not include personal information, we may maintain it or associate it with personal information we collect in other ways or receive from third parties for any of the purposes expressed in this policy.

• TECHNOLOGIES WE USE: COOKIES, WEB SERVER LOGS AND WEB BEACONS

Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. Please note, however, that without cookies you may not be able to use all the features of the Site.

In conjunction with obtaining information through cookies, our web servers may log details such as your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone in which your device is located. The web server logs also may record information such as the address of the web page that linked you to our site and the IP address of the device you use to connect to the Internet.

To control which web servers collect this information, we may place tags on our web pages, emails, advertisements, or content called “web beacons.” These are computer instructions that link web pages to particular web servers and their cookies. Web beacons are sometimes known as clear gifs, pixel tags, and single-pixel gifs and also track engagement, visitor counts, and other statistics.


• THIRD PARTY WEB ANALYTICS SERVICES

We may use third party web analytics services on our Sites, such as Google Analytics. The service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use the site.

The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of the website. You may deactivate the ability of these analytics services to analyze your browsing activities on this site. These providers of third-party web analytics services have their own terms and conditions and privacy policies. The Company does not control what these providers do with information they collect.


• TARGETED ADVERTISING

We also may contract with third-party advertising networks that collect information about you through the use of cookies, web server logs and web beacons on our websites and emails; on third-party websites and emails; and on our advertising placed on third-party websites. They use this information to provide advertisements about products and services tailored to your interests (including for companies not affiliated with us). You may see these advertisements on our Sites and other websites or on social media. This process also helps us manage and track the effectiveness of our marketing efforts. To learn more about advertising networks and to opt out of interest-based advertising, visit the Digital Advertising Alliance at www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/choices.

• SMS/MMS MOBILE MESSAGING MARKETING PROGRAM

We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes. To make such a request, please contact us at the following address:


Braini LLC

P.O. Box 1812, Arden NC 28704


support@braini.com


This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.


• DO NOT TRACK REQUESTS

There is no industry standard approach to sending, processing, and addressing Do Not Track requests from browsers, and please note that our Sites do not respond to these Do Not Track requests at this time. More information on “Do Not Track” requests is available here: https://allaboutdnt.com/.

• HOW WE USE AND SHARE INFORMATION

We use the information we obtain to provide you with the Sites; our products and services; identify and communicate with you (including marketing and promotional communication) through various channels and mediums, including when you return to the Sites; respond to your requests and inquiries; notify you about the Sites and our services, including your order or your account; service your purchase orders; and monitor, analyze, and improve the Sites and our products and services. We also use the information to tailor ads displayed to you on our Sites and elsewhere. We use information to operate, evaluate, and improve our business and to comply with legal requirements, relevant industry standards, our policies, and enforcing this policy and any applicable Terms and Conditions. We may use your personal information if we need to collect a debt from you, as well. If we use your information in other ways, we will provide notice to you at the time we collect that information.

We may disclose aggregated information about our users or visitors to the Sites, and information that does not directly identify any individual.

We may disclose personal information that we collect or you provide as described in this privacy policy:

To our subsidiaries and affiliates. To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. This includes for purposes of receiving and processing your financial information once or on a recurring or subscription basis for payment of goods or services. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about the users of our sites is among the assets transferred. To fulfill the purpose for which you provide it. For any other purpose disclosed by us when you provide the information. With your consent. To protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

If you do not wish to have your email address/contact information used by the Company to promote our own or a third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data (the order form) or at any other time by logging into the Sites and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to support@braini.com If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to the Company as a result of a service or product purchase, warranty registration, product service experience or other transactions. Also, you may still receive certain operational emails regarding your account, orders, or other non-promotional materials.

California (USA) residents may have additional personal information rights and choices. Please know we do not sell your personal information.

Nevada (USA) residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: Braini LLC P.O. Box 1812, Arden, NC 28704. However, please know we do not currently sell data in a manner that implicates this statute's opt-out requirements.

Note that if you delete your user contributions from the Sites, copies of your user contributions may remain viewable in cached and archived pages or might have been copied or stored by other users of our Sites. Proper access and use of information provided on the Sites, including user contributions, is governed by our applicable Terms of Use for our Sites: Terms of Use.


• TRANSFER OF PERSONAL INFORMATION TO OTHER JURISDICTIONS-

The Company is in Canada, and if you are in the United States, your personal information may be transferred and processed outside the United States as part of our normal business operations. Data protection laws vary from country to country and may be different from the country from where you access the Sites. By using our Sites or services, you consent to the transfer and processing of personal information by us, our subsidiaries and affiliates, and our third-party service providers who perform services on our behalf based on our instructions.

• ACCESSING AND CORRECTING YOUR INFORMATION

You can review and change your personal information by logging into the Sites and visiting your account profile page. You may also send us an email at support@braini.com to request access to, correct or delete any personal information that you have provided to us. We may not be able to delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If we cannot verify that the request for information, or to change or delete information, came from you and you are authorized to make such a request, we may not be able to comply with the request.

You may also contact us by mail to: Braini LLC, P.O. Box 1812, Arden NC 28704

• CHILDREN’S PRIVACY

The Sites are not directed at children under the age of ten (10) and we do not knowingly collect personal information from children under the age of ten (10). If we become aware that we have inadvertently received personal information from someone under the age of ten (10) on the Sites, we will delete the information from our records. If you are under the age of 18, you are required to get consent from your parent(s) or guardian(s) before accessing our Sites. If we become aware that we have inadvertently received personal information from someone under the age of 18 without parental consent, we will delete the information from our records.

You may request to review, change or delete your personal information or that of your minor child.

To make such a request, please contact us at the following address:

Braini LLC, P.O. Box 1812, Arden NC 28704


• ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS - CALIFORNIA PRIVACY RIGHTS

If you are a California (USA) resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa.

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our applications that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to support@braini.com or mail a request to:


Braini LLC, P.O. Box 1812, Arden NC 28704


Please allow 30 days for us to process your request.


• DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and website traffic will be encrypted using SSL technology.


The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites, you are responsible for keeping this password confidential. Do not share your password with anyone. We urge you to be careful about giving out information in public areas of the Sites like message boards. The information you share in public areas may be viewed by any user of the Sites.


Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Sites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites.


• LINKS TO OTHER WEBSITES

Our Sites may provide links to other websites for your convenience and information. These websites may operate independently from us. Linked sites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked websites. To the extent any linked websites you visit are not owned or controlled by us, we are not responsible for the sites’ content, any use of the sites, or the privacy practices of the sites.


• CHANGES TO OUR PRIVACY POLICY-

We reserve the right to make changes to this policy at any time, so please review it frequently. It is our policy to post any changes we make to our privacy policy on this page. Changes to this policy will take effect immediately unless otherwise noted. If we make material changes to how we treat your personal information, we will notify you by email to the email we have on file. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically visiting our Sites and this privacy policy to check for any changes. Your continued use of the Sites after being notified of, or becoming aware of, a change in this policy, is your affirmation that you have read and understood this policy, agree to it, and agree to be bound by it.


• CONTACT INFORMATION

To ask questions or comment about this privacy policy and our privacy practices, please contact us:


By email: support@braini.com


By mail: Braini LLC, P.O. Box 1812, Arden NC 28704


Shipping & Returns

Our Policies

Shipping charges are dependent on where you live. Currently Braini® only ships to the USA, and you should receive your order within the time frame UPS or USPS provides at checkout.


Please know that with the COVID-19 pandemic, there may be unexpected shipping delays out of our control. We exclusively use UPS and USPS to fulfill our deliveries. After ordering, your tracking code and order status will be provided to you through email once your item is heading your way. When your order has arrived, you will receive an email confirmation.


If you are not satisfied with Braini® for any reason, we will honor a refund of your product purchase price (not shipping) if you notify us by writing support@braini.com with a copy of your receipt attached and within 40 days of purchase that you are dissatisfied with your product. Refunding your purchase price is the limit of our financial obligation if you are unsatisfied with your Braini® product.