This Agreement constitutes a binding legal contract between you and International Institute for the Brain, Ltd., d/b/a “iBRAIN,” establishing the terms and conditions under which you may use this website, https://ibrainnyc.org/, including all content, features, services, applications, and functionalities (collectively, the “Site”). This Agreement, hereinafter referred to as the “Terms,” governs your use of the Site, together with any other applicable rules, policies, and terms posted on the Site, which are incorporated herein by reference.
The Site is available solely to individuals capable of entering into legally binding contracts under applicable law. By accessing and using the Site, you agree to comply with these Terms. iBRAIN reserves the right to revise these Terms at any time at its sole discretion by posting the updated Terms to the Site. Material revisions will be accompanied by a new Effective Date. Your continued use of the Site after such revisions indicates your acceptance of the updated Terms. You are responsible for regularly reviewing these Terms for updates.
iBRAIN values your privacy. Please review our Privacy Policy, which is incorporated herein by reference.
For privacy information regarding health and medical data under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), please refer to:
https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.htmlSubject to your compliance with these Terms, iBRAIN grants you a non-exclusive, non-transferable, non-assignable license (without the right to sublicense) to access, use, and display the Site for personal, non-commercial use, within the jurisdiction of the United States.
Unless expressly permitted in writing by iBRAIN, you may not (i) copy, modify, adapt, translate into any language, distribute, broadcast, stream or create derivative works based on the Site; (ii) sublicense, assign or otherwise transfer or otherwise assign these Terms or any of the rights or licenses granted under these Terms; (iii) sell, rent, lease, or lend the Site to any person or entity; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Site by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law; or (v) remove any proprietary notices or labels on the Site. Any such forbidden use will immediately terminate your license to the Site. You may not use the Site in an attempt to, or in conjunction with any device, program, or service designed to, modify, circumvent, defeat or tamper with technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright or other intellectual property laws of any jurisdiction.
All rights, title, and interest in and to the Site, including all copies, translations, compilations, derivative works, or modifications thereof, are owned by iBRAIN or its licensors, as applicable. The Site is licensed to you, not sold, under these Terms, and all rights not expressly granted herein are reserved by iBRAIN. The Site is protected by U.S. and international copyright laws, as well as other intellectual property treaties and regulations. iBRAIN enforces its copyright interests to the fullest extent permitted by applicable law and will pursue civil and criminal remedies where appropriate, including, but not limited to, those provided under Sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved. Copyright © 2025 iBRAIN. You must comply with all copyright notices, information, or restrictions attached to or embedded in the Site. iBRAIN and related names, including all logos, product and service names, designs, and slogans, are the trademarks of iBRAIN or its affiliates or licensors. You may not use such trademarks without prior written permission from iBRAIN. All other trademarks, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners. Ownership of all trademarks and any associated goodwill remains with iBRAIN or its licensors, as applicable.
It may be possible for you to provide or make available to iBRAIN suggestions, comments, feedback, ideas, improvements, or other content or materials through the Site (collectively, “Content”). If you provide any Content, you grant to iBRAIN and iBRAIN’s affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, worldwide, license (sub-licensable through multiple tiers) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Content, in whole or in part (including your name, likeness, age, and gender) in any format or medium now known or later developed both on and outside of the Site. Any Content you provide through the Site is and will be deemed to be non-confidential and you agree that you are solely responsible for any Content you provide through the Site. iBRAIN is not required to host, display, or distribute any Content, and may remove it at any time or refuse any Content for any reason. iBRAIN is not responsible for any loss, theft, or damage of any kind to any Content. You represent and warrant that: (a) you own all rights in your Content or, alternatively, you have acquired all necessary rights in your Content to enable you to grant to iBRAIN all of the rights described herein; and (b) your Content does not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party. You are prohibited from providing Content or otherwise using the Site to transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, discriminatory, offensive, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law or a copyright, trademark or other intellectual property right of another. iBRAIN will cooperate with any law enforcement authorities or court order requesting or directing iBRAIN to disclose the identity of anyone posting Content.
Your rights under these Terms will automatically terminate upon any failure to comply with these Terms. Upon termination, you must cease all use of the Site, and iBRAIN may immediately revoke your access. iBRAIN reserves the right to modify, suspend, or discontinue your access to the Site at its sole discretion and without notice. iBRAIN is not obligated to provide the Site and may change its form or nature at any time. iBRAIN will not be liable for any failure, modification, suspension, or discontinuation of the Site or access thereto.
You acknowledge that iBRAIN cannot and does not guarantee that files available for download from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to protect your system from such risks, and for maintaining backup systems for the reconstruction of any lost data. To the fullest extent permitted by law, iBRAIN disclaims any liability for damages arising from viruses, distributed denial-of-service attacks, or other harmful materials that may infect your computer equipment or data through your use of the site or any items obtained therefrom . Your use of the site, its content, and any services or items obtained through the site is at your own risk. The site, its content, and any services or items obtained through the site are provided "as is" and "as available" without any warranties, express or implied. Neither iBRAIN nor any person associated with iBRAIN makes any warranty or representation regarding the accuracy, reliability, security, or availability of the site or any content or services thereon. iBRAIN does not warrant that the site will be free of defects, viruses, or errors, or that any defects will be corrected. To the fullest extent allowed by law, iBRAIN disclaims all warranties, including implied warranties or merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect warranties that cannot be excluded or limited under applicable law. You acknowledge that the provisions of this section are a material inducement and consideration to iBRAIN and its suppliers to grant the license contained in these Terms and to provide you with access to the Site.
In the event you are dissatisfied with, or dispute, these Terms or the Site, your sole right and exclusive remedy is to terminate your use of the Site, even if that right or remedy is deemed to fail of its essential purpose. You confirm that iBRAIN has no other obligation, liability, or responsibility to you or any other party. In no event will iBRAIN, its affiliates, subsidiaries, directors, officers, employees, or third-party partners be liable for any direct, indirect, special, consequential, incidental, or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of savings, business interruptions, loss of data, loss of time, loss of goodwill or other pecuniary loss) arising out of or in connection with these terms, its subject matter, your use of or inability to use the site, or your use of or reliance on any data you may access in connection with your use of the site, regardless of whether iBRAIN knows or should know of the possibility of such damages. In no event shall iBRAIN's aggregate liability for any damages exceed ten dollars ($10). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for direct, incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that iBRAIN may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of iBRAIN’s liability will be limited to the fullest extent permitted by applicable law.
You agree to indemnify, defend and hold harmless iBRAIN, its affiliates, subsidiaries, directors, officers, employees, agents, suppliers, licensors and, third-party partners from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms, to the fullest extent allowed by law.
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites, you do so entirely at your own risk and subject to the terms and conditions of use for such sites. Even though we may provide a link to another site, we do not recommend such a third-party site unless we specifically state that fact.
The Site is intended to comply with the laws and regulations of the United States and is solely for use by residents of the United States. Users in other countries may be subject to different laws, regulatory requirements, and medical practices than those applicable in the United States. Access to or use of any portion of this Site is prohibited in jurisdictions where such use would violate local laws or regulations.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its conflicts of law principles, and as such laws apply to contracts entered into and performed entirely within the State of New York, regardless of your place of residence. In addition, if you are a resident of California, you acknowledge and agree that any disputes arising from or in connection with these Terms shall be subject to the jurisdictional provisions set forth herein. You agree that any dispute, claim, or controversy arising out of or relating to these Terms shall be exclusively brought before a court of competent jurisdiction, whether federal or state, located in the State of New York, County of New York, and in no other jurisdiction. You hereby consent to the personal jurisdiction and venue of such court and agree to accept service of process issued or authorized by such court. In the event that any provision of these Terms is determined to be invalid or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law. If necessary, the provision shall be modified to the least extent required to render it valid and enforceable, while maintaining, to the greatest extent possible, the original intent of the provision. The remainder of these Terms shall remain in full force and effect. iBRAIN’s failure or delay in exercising any right or remedy with respect to a breach of these Terms shall not be construed as a waiver of its right to enforce such right or remedy in the event of any subsequent or continuing breach, whether of the same or a different nature. These Terms constitute the complete and exclusive agreement between you and iBRAIN with respect to the subject matter hereof, and supersede any and all prior or contemporaneous oral or written communications, agreements, or understandings, including any agreements that may have been included with prior versions of the Site. No additional or conflicting terms in any purchase order or similar document submitted by you shall modify or supersede these Terms.
