1. Introduction

Welcome to PickTheBrainy.com. These Terms and Conditions ("Terms") govern your use of our website and services. By accessing or using PickTheBrainy.com (the "Service"), you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

This website is owned and operated by PickTheBrainy. The terms "we", "us", and "our" refer to PickTheBrainy. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

2. Intellectual Property Rights

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of PickTheBrainy and its licensors. The Service is protected by copyright, trademark, and other laws of both the Switzerland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PickTheBrainy.

All content on this website, including text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of PickTheBrainy or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

3. User Conduct

By using our 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 express written permission by us.
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm PickTheBrainy or users of the Service or expose them to liability.
• Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Service.
• Attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any PickTheBrainy server.
• Transmit any "junk mail," "chain letter," or "spam," or any other similar solicitation.

4. Disclaimer of Warranties

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

PickTheBrainy, its subsidiaries, affiliates, and its licensors do not warrant that:

• The Service will function uninterrupted, secure, or available at any particular time or location.
• Any errors or defects will be corrected.
• The Service is free of viruses or other harmful components.
• The results of using the Service will meet your requirements.

5. Limitation of Liability

In no event shall PickTheBrainy, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service.
• Any conduct or content of any third party on the Service.
• Any content obtained from the Service.
• Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

6. Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by PickTheBrainy.

PickTheBrainy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that PickTheBrainy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

7. Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease.

8. Governing Law

These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

9. Changes to Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

10. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

11. Contact Us

If you have any questions about these Terms, please contact us:

• By email: [email protected]
• By visiting this page on our website: pickthebrainy.com/contact.php