Terms of Sale
Last updated May 1, 2023
Rizvi Medical Corporation doing business as Rizvi Brain Institute (“We”, “Us”, “Our”, or “Rizvi Brain Institute”), offers a variety of online, streaming and downloadable content accessible on subscription, purchase, or another basis, including Our online courses, group coaching, and webinars (collectively, the "Online Courses") and other services and products. Other products and services available through Our website may include, among other things: providing users direct access to professional care providers for communication, in-person consultations, telehealth consultations, assessments, pharmacy services, and treatment by such healthcare organizations and their professional care providers; access to and/or the purchase of treatment or services provided by the Acoustic Flow Chair or VieLight Neuro 3; and administrative support in connection with scheduling, payment for Online Courses and other products; and providing users with access to health coaching services, and wellness content (collectively the “Other Products”). YOUR ACCESS TO AND/OR PURCHASE OF OUR ONLINE COURSES AND OUR OTHER PRODUCTS IS SUBJECT TO AND GOVERNED BY THESE TERMS. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS FOR THE SUBSCRIPTION, PURCHASE, OR OTHER ACCESS TO THE ONLINE COURSES AND OUR OTHER PRODUCTS.
1. Acceptance of Terms
Our website Terms of Use, which govern your use of the Rizvi Brain Institute website located at www.rbiclinic.com (“Website”), including without limitation, the Online Courses and Other Products available through Our Website, the terms of Rizvi Brain Institute’s Privacy Policy, any supplemental terms or policies that accompany a specific transaction, feature or application collectively make up an agreement between you and Us for your access and use of the Online Courses and Other Products (the “Agreement”). You acknowledge that this Agreement is in electronic form and has the same force and effect as an agreement in writing. By registering for one or more Online Course or by accessing or using Our Online Courses or by purchasing any Other Products via Our Website, you agree to be bound by this Agreement. If you do not accept the terms of this Agreement, you should not register for an Online Course, you should discontinue your access or use of the Online Courses immediately and you are not authorized to purchase any Other Products. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on Our Website. You agree to be bound by any modification to this Agreement when you access or use any of Our Online Courses or purchase any Other Products after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Product Purchase and Course Registration Requirements
If you wish to purchase access to one or more of Our Online Courses, you must (a) register for such Online Courses, and (b) pay the applicable fees and sales taxes. If you wish to purchase any Other Products available through the Website, you must (a) complete the checkout process providing true and accurate purchase and delivery information, and (b) pay the purchase price and shipping, handling, and sales tax as applicable. You represent that you are of legal age and capacity to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form or at checkout (the “Registration Data”), and (ii) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate your account and refuse you any and all current or future access to and use of Our Online Courses (or any portion thereof) and/or Other Products available via Our Website.
3. Account Password and SecurityÂ
If you register for an Online Course or purchase Other Products via Our Website, you will be given the opportunity to set up an account by choosing a password and providing your email address. You may be asked for additional credentials in connection with the set-up of your account. We reserve the right to refuse any account application or suspend or terminate any account if We determine in Our sole discretion that the account credentials you have provided are inaccurate, not current or incomplete or if an account is used in contravention of this Agreement. We are not required to notify you of account termination or suspension. Each individual user may have only a single account. You agree not to share, give or sell your password or username to any other person or company or allow any third party to access your account or an Online Course or make purchases of Other Products through your account. Accounts may only be used for personal purposes, not commercial enterprise (including redistribution or resale of Online Courses or Other Products). Excessive viewings or logins to Online Courses by you will be construed by Us as fraudulent use of services, which will result in the suspension or cancellation of your access to the Online Courses without a refund. You are responsible for maintaining the confidentiality of the password and account information and are fully responsible for all activities under your password or account. You agree to (a) immediately notify Us (by e-mail to [email protected]) of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to cancel your access to Our Online Courses and suspend or terminate your account if We determine in Our sole discretion that your username and/or password has been compromised, or is being used fraudulently.
4. Preservation/Disclosure
You acknowledge, consent, and agree that We may access, preserve and disclose your account information and content without notice to you if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any such content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Rizvi Brain Institute, its users and the public. Under no other circumstances will We intentionally disclose your account information to any third party.
5. Security Components
You understand that Our Online Courses and software embodied within Our Online Courses may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Us and/or content providers who provide content to Us. You may not attempt to override or circumvent any such security components and usage rules embedded in Our Online Courses.
6. Non-Commercial Activity Only
Our Online Courses may not be used in connection with any commercial purposes, except as specifically approved by Us. Unauthorized framing of or linking to any of Our Online Courses is prohibited. You are prohibited from purchasing any Online Courses for resale or other commercial use without Our specific written consent, which may be withheld at Our discretion.
7. Third-Party ContentÂ
Our Online Courses and other content and materials available via Our Website may contain content of third party licensors, which are protected by copyright, trademark, patent, trade secret and other laws. You shall acquire no ownership or other interest in the Online Courses to which you register other than the right to access and use such Online Courses under this Agreement. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any content appearing on or through the Online Courses.
8. International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. We make no representations or warranties regarding the compliance of Our Online Courses and Other Products or the other content and materials available via the Website with any rules, regulations, statutes, laws, or directives of any jurisdiction other than the United States.
9. Privacy PolicyÂ
We respect your privacy and permit you to control certain aspects of the treatment of your personal information as set forth in Our Privacy Policy.
10. Copyright Policy
If you are a copyright owner or agent thereof and believe that any of Our content infringes upon your copyright, review and follow the copyright procedures described in Our Website Terms of Use.
11. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on Our Website. We reserve the right to terminate your account or your access to Our Online Courses immediately, with or without notice to you, and without liability to you, if We believe that you have breached any of the terms of this Agreement, furnished Us with false or misleading information, or interfered with use of Our Website or the Online Courses and Other Products available through the Website. The terms of Sections 4-7 and 12-24 will survive termination of this Agreement or termination of your use of the Online Courses or Other Products.
12. Order Acceptance and ErrorsÂ
Your placement of an order does not necessarily ensure that We will accept your order. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, and availability. We reserve the right to change or update information and correct errors, inaccuracies, or omissions at any time without prior notice. We reserve the right to change, discontinue or limit the availability of Our Online Courses and Other Products at Our sole discretion.
In the event an item is listed at an incorrect price due to a typographical error or error in pricing information received from a third party, We shall have the right to refuse or cancel any orders placed for that item listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, We will promptly issue a credit to your credit or debit card account in the amount of the charge.
13. Refund Policy
Your satisfaction with Our Online Courses and Other Products is important. Yet, we have a no refund policy because of the extensive time, effort, preparation, and care that goes into creating and/or providing Our Online Courses and Other Products. Unless otherwise provided by law, you acknowledge that We do not offer refunds for any portion of your payment for any of Our Online Courses and Other Products available via the Website. By using and/or purchasing any of Our Online Courses or Other Products, you understand and agree that all sales are final and no refunds will be provided.
14. Purchases and Payment
If you wish to purchase any product or service made available through Our Website (“Purchase”), you must supply payment information including, without limitation, your first and last name, phone number, payment card number, expiration month, billing address, and delivery information.
By making a Purchase and providing payment information, you authorize Us (or Our third party payment processor) to charge your payment method for the total amount of your Purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Purchase may be suspended or cancelled.
Payment processing services for Our Website are provided by third party service providers and are subject to the Terms of Use/Service (collectively, the “Processor Services Agreements”). By making a Purchase via Our Website, you agree to be bound by the applicable Processor Services Agreement, as the applicable third party may modify them from time to time. As a condition of Us enabling payment processing services through Our third party service providers, you agree to provide accurate and complete information about you and your business (as applicable), and you authorize Us to share it and transaction information related to your use of the payment processing services provided by third party service providers.
By providing payment information, you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply is true, correct and complete. By submitting such information, you grant Us the right to provide the information to third parties for the purposes of facilitating the Purchase. We reserve the right to refuse or cancel your Purchase at any time for certain reasons, including but not limited to: product or service availability, errors in the description or price of the product or service, errors in your order, or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
All prices shown are in U.S. dollars and do not include applicable taxes. Taxes may vary and are not within Our control. We may adjust future prices as necessary, at Our sole discretion. By making a purchase, you agree to pay the then-current Purchase price. Purchases of Online Courses and Other Products are not to be used for resale or any commercial purposes.
15. Electronic CommunicationÂ
When you access or use Our Website or send emails or SMS messages to Us, any third party affiliate professional entities or its Professional Care Providers, you are communicating with Us, the third party affiliate professional entities and its Professional Care Providers electronically, if applicable. You consent to receive communications from Us, the third party affiliate professional entities and its Professional Care Providers electronically. We will communicate with you via email and SMS messaging. You agree that all agreements, notices, disclosures and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by Us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement.
16. Disclaimer of WarrantiesÂ
THE ONLINE COURSES AND OTHER PRODUCTS ON THE WEBSITE ARE AVAILABLE "AS IS." WE DO NOT WARRANT THAT THE ONLINE COURSES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE ONLINE COURSES.
WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE ONLINE COURSES, OUR OTHER PRODUCTS, OR ANY OTHER CONTENT OR MATERIALS THAT ARE AVAILABLE OR ADVERTISED, OR SOLD THROUGH OUR SITE. WE DO NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH OUR WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING THE FAILURE TO COMPLY WITH ANY WARNING LABELS OR INSTRUCTIONS ATTACHED TO THE PRODUCTS.
17. Limitation on Liability
Rizvi Brain Institute and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to Our Website, Our Online Courses, Our Other Products, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies available through Our Website and Our Online Courses or Other Products (including, without limitation, as a result of breach of any warranty or other term of these Term of Sale or Our Terms of Use). Any claim against Us shall be limited to the amount you paid, if any, for use of Our Online Courses or Other Product. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
18. IndemnityÂ
Upon a request by Us, you agree to defend, indemnify, and hold harmless Us and Our subsidiary and other affiliated companies, as well as any respective employees, contractors, officers, directors, agents, content providers, licensors, licensees, distributors, representatives, customers, partners and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, successors and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising directly or indirectly from your use or misuse of Our Website or the Online Courses and Other Products. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Us in asserting any available defenses.
19. Your Release of Rizvi Brain Institute
To the maximum extent permitted by law, you hereby release and waive all claims against Us, and Our subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, customers and clients, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorney's fees) of every kind and nature, arising from or in any way related to your purchase of Online Courses and Other Products. In addition, you expressly waive and relinquish any rights and benefits you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law. You specifically hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor" and you waive any other similar provision of the laws of any other applicable jurisdiction.
20. Modification and DiscontinuationÂ
We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently, any of the Online Courses (or any portion thereof) or Our Other Products with or without notice. You agree that We will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of Our Online Courses.
21. Entire Agreement
This Agreement, Our Privacy Policy and Our Terms of Use constitute the entire agreement between you and Us concerning our offer and sale of Online Courses and certain Other Products and supersedes any prior agreements between you and Us with respect thereto.
22. Choice of Law and Forum
The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of California, without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND RBI, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. EXCEPT AS PROVIDED BELOW REGARDING THE CLASS ACTION WAIVER, SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO THE INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.
YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
You understand and agree now that the only monetary damages that can be awarded to you through arbitration is the full refund of your Payment made to date. No other financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place, it will be held in San Diego County in the State of California and the prevailing party shall be entitled to all reasonable attorney’s fees and all costs necessary to enforce the decision of the arbitrator.
23. Waiver and Severability of Terms
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
24. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Courses and Other Products available through Our Website, or this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
25. Questions
If you have any questions regarding this Agreement, please contact Us by email at [email protected]Â
