Terms of Use
Last updated May 1, 2023
Please read these Terms of Use (this “Agreement” or these “Terms of Use”) carefully before purchasing, accessing, or using any of
Our services, content, technologies, products, and programs made available by or through rbiclinic.com (“Our Website”). By using
Our Website, you accept and agree to be bound and abide by these Terms of Use and by Our Privacy Policy and Terms of Sale,
with respect to the purchase of any products and services, including Our online courses, services, and other products, each of
which is incorporated herein by reference. Our Website is offered and available to users who are 18 years of age or older. By
accessing or using Our Website, you represent and warrant that you are of legal age to form a binding contract with Us. If you do
not meet this requirement, you must not access or use Our Website.
About Our Website
Our Website is a website owned by Rizvi Medical Corporation doing business as Rizvi Brain Institute (“Company”, “Us”, “We”, “Our” or
“RBI”) currently located at https://www.rbiclinic.com (together with any current or future affiliated mobile application, successor
site(s), or any services or materials available therein, collectively the “Site” or “Our Website”).
Our Website gives users the ability to consume wellness content, post comments and other user-generated content, to purchase
access to a variety of online, streaming and downloadable content on a subscription or other basis, including online courses, group
coaching and webinars (collectively, the "Online Courses"), and to purchase other products or services. Other products available
through Our Website may include: providing users direct access to professional care providers for communication, in-personconsultations, telehealth consultations, assessments, pharmacy services and treatment by health care organizations and their
professional care providers; administrative support in connection with scheduling, payment for Online Courses and other products
available through Our Website; and providing users with access to the Acoustic Flow Chair, VieLight Neuro 3, and health coaching
services and wellness content (collectively the “Other Products”). You agree that all transactions will be performed electronically
and that the terms of the purchase of access to and use of any Online Course and the purchase of any Other Products will be
governed by RBI’s Term of Sale. We may, in Our sole discretion, change or discontinue any or all aspects of Our Website at any
time, without notice, and without liability to you.
About The Website Terms
This Agreement is a contract between you and us which has the same effect as an agreement in writing and governs your use of
Our Website. If you do not agree to the Site Terms, please do not use Our Website. We may modify the Terms of Use at any time. If
you do not agree to the changes, you may discontinue using Our Website before the changes take effect. Your continued use of
Our Website after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into Our
Website, you reaffirm your acceptance of the Terms of Use. You are responsible for regularly reviewing the Terms of Use. The Terms
of Use are supplemented by additional terms and conditions applicable to privacy contained in Our Privacy Policy and by
additional terms and conditions applicable to the purchase and sale of products and services contained in Our Terms of Sale, and
may be supplemented by additional terms and conditions applicable to specific areas of Our Website, or to particular content or
transactions are posted with respect to particular areas of Our Website and, together with these Terms of Use, govern your use of
those areas, content, or transactions.
Availability and Jurisdiction
RBI is not for everyone. RBI operates subject to state and federal regulations, and not all Online Courses and Other Products
offered through Our Website may be available in your state. You represent that you are not a person barred from enrolling for or
receiving the Online Courses or Other Products under the laws of the United States or other applicable jurisdictions in which you
may be located.
Additional Terms and Amendments
In order to participate in or receive certain Online Courses and Other Products available through Our Website, you may be required
to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the
Online Courses and Other Products in which you choose to participate or that you choose to receive, those additional terms are
hereby incorporated into this Agreement. To the extent there is a conflict between the terms in this Agreement and the terms and
conditions posted for a specific area of Our Website or in connection with an Online Course or Other Products, the latter shall have precedence with respect to your use of that area of Our Website.
Financial Responsibility for Online Courses and Other Products
RBI does not accept insurance and is not enrolled with, and is not participating providers with, any federal or state healthcare
programs (e.g., Medicare, Medicaid) for the provision of any health care or mental health services or supplies and, as such, neither
you nor RBI may receive payment from such programs for the Online Courses or Other Products provided through Our Website. By
agreeing to purchase Online Courses and Other Products, you acknowledge and agree that (1) you are explicitly choosing to obtain
products and services on a cash basis outside of any private, federal or state healthcare program and you have sole financial
responsibility for all services or products provided to you by or through the providers, and (2) neither you nor RBI, the pharmacies
or the providers will submit a claim for reimbursement to any federal or state healthcare program for the costs of the Online
Courses and Other Products provided to you through Our Website.
Third-Party Goods and Services
Parties other than RBI, including pharmacies and medical providers, provide services or sell products through the Website
(collectively, “Third-Parties”), and RBI may also make available to you for purchase certain services, items or products
manufactured, distributed or sold by Third-Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and any
interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties. You should make
whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties
or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense
and judgment in, using the Service and disclosing personal information.
You agree that RBI shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the
Online Courses or Other Products, including any Third-Party Goods and Services or your interactions with any Third-Parties. In the
event of any dispute between you and any Third-Party, any other User or any other entity or individual, you understand and agree
that RBI is under no obligation to become involved in such dispute, and you hereby release and indemnify RBI and its corporate
parents, subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees, representatives,
proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys
(collectively, “RBI Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature,
known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes
or the features and services therein.
Disclaimer
Online Courses and Wellness Content
Our Website (and all content on Our Website) and Our Online Courses and Other Products include information, instruction and
materials relating to RBI’s holistic approach to cognitive health, including, without limitation, diet, sleep, exercise and fitness,
relationships and personal growth (collectively, “Wellness Content”). You acknowledge and agree that the following warnings and
disclaimers shall apply to all of Our Wellness Content.
Before participating in any diet, exercise or other program, practice or methodology or using any diet, fitness or wellness products,
including health coaching services that may be described and/or made accessible in or through Our Website, including Our
Wellness Content and Online Courses, We strongly recommend that you consult with a physician or other licensed health care
provider. Our Wellness Content and Online Courses are not intended to be substitutes for professional medical advice, diagnosis or
treatment from licensed health care providers such as therapists, psychiatrists, psychologists, relationship counselors, life coaches,
first responders or any other kind of professional or medical care provider (“Professional Care Provider”), and are generic in nature
and do not have expertise in advising on, diagnosing, examining, or treating medical, psychological, emotional, relationship or
personal growth conditions of any kind (“Conditions”), or in determining the effect of any specific action, activity, routine or program
(e.g., exercise or diet) or any particular nutritional supplement or traditional, herbal or alternative remedy on any Condition. While
certain presenters, authors or contributors to RBI’s Online Courses and Wellness Content may be Professional Care Providers,
neither those presenters, authors or contributors nor RBI and its staff are rendering professional health care advice of any kind to
you personally, including without limitation, medical, psychological, emotional, nutritional, relationship or personal growth advice,
counseling, therapy or treatment (“Professional Advice”), but are merely providing information and materials for general education
about wellness topics. You acknowledge and agree that when participating in any diet, exercise or other activity, program, practice
or methodology described in Our Online Courses and Wellness Content, and/or when using any diet or fitness products or products
or services described or provided in or through our Website, including traditional, herbal, homeopathic or alternative remedies,
there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such
results. You acknowledge and agree that your use, access, and/or participation in Our Website, Online Courses, and/or Wellness
Content does not create a Professional Care Provider-patient relationship. Our Online Courses and Wellness Content is not meant
to be a substitute for Professional Advice from Your Professional Care Provider and We make no warranties, express or implied, as
to the completeness, accuracy, or appropriateness for any purpose of any information or content contained in Our Wellness
Content. We are committed to bringing you the most up to date information, however, We make no guarantee that the information
provided is the most recent on any particular subject. You are encouraged to consult with your Professional Care Provider with any
questions or concerns you may have regarding any Condition that you may have before starting any exercise program, making
changes to your diet or taking any traditional, herbal or alternative remedies or engaging in any other activity, practice,
methodology or program described in Our Online Courses and Wellness Content.
You should never disregard medical or other Professional Advice or delay seeking it because of a statement you have read and/or heard in Our Online Courses or Wellness Content available through our Website. Our Online Courses and Wellness Content should not be used in lieu of Professional Advice given by qualified medical professionals such as your Professional Care Provider. It is important that Our Wellness Content is used only in conjunction with qualified medical guidance provided by other applicable Professional Care Providers. Unless you are a qualified Professional Care Provider, you should not give advice that might be construed as Professional Advice to any third party and, in no event should you rely on any of Our Online Courses or Wellness Content as a source of or basis for any such medical advice or as a basis for diagnosing or determining, independent of a Professional Care Provider, the treatment for any condition.
Other Products
Our Other Products, including Our Acoustic Flow Chair, Vie Light Neuro 3, or any traditional, herbal, homeopathic or alternative
remedies, offered via Our Website and any description or claims made about specific products have not been evaluated by the
United States Food and Drug Administration or any other professional or governmental body or agency and are not intended to
diagnose, treat, cure or prevent any disease. The information provided regarding Our Other Products is for informational purposes
only and is not intended as a substitute for advice from your physician or other Professional Care Provider.
General Representations and Warranties of User:
You agree that you are using your own judgment in using Our Online Courses or Other Products and you agree that you are
doing so at your own risk. Our Online Courses provide Wellness Content that is for informational and educational purposes
only. You agree and understand that you assume all risks and no results are guaranteed in any way related to Our Online
Courses and Wellness Content. You are solely responsible for your actions, decisions and results based on the use, misuse or
non-use of our Online Courses or Wellness Content available through our Website.
If applicable, you understand that the Professional Care Providers available via the Website may be independent of RBI and
are merely using Our Website as a way to communicate with you. Your interactions with any Professional Care Providers via
Our Website is not intended to take the place of your relationship with your regular health care practitioners or primary care
physician. Neither RBI, nor any of its subsidiaries or affiliates or any third party who may promote Our Website or provide a
link to Our Online Courses, Wellness Content or Other Products shall be liable for any professional advice obtained from a
Professional Care Provider via Our Website, nor any information obtained via Our Website. You acknowledge that your
reliance on any Professional Care Provider, Online Courses, and Wellness Content delivered through Our Website is solely at
your own risk and you assume full responsibility for all risks associated therewith.
RBI does not make any representations or warranties about the training, skill, or professional qualifications and credentials of
any Professional Care Providers who deliver Online Courses, Wellness Content, and Other Products via Our Website.
The Online Courses, Wellness Content and Other Products available via Our Website, including without limitation, text, copy,
audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute
professional medical advice, diagnosis, treatment, or recommendations of any kind by RBI. You understand that by
coordinating and in certain cases consulting with an affiliated Professional Care Provider through the Website, you are not
entering into a doctor-patient relationship with RBI.
All information you provide to RBI is true, accurate, current, and complete, and you agree to maintain and promptly update
such information to keep it true, accurate, current, and complete, as long as you are using Our Website. If We have reasonable
grounds to suspect such information is not true, accurate, current, or complete, We may deny or terminate your access to Our
Website (or any portion thereof) in our sole direction, subject to compliance with any notice or waiting period provided by
applicable law.
You understand that Our Website is not to be used in connection with medical emergencies. If you are experiencing a medical
crisis, please call 9-1-1 or contact your local emergency assistance services immediately.
TERMS
1. User Account.
1. Registration. To secure the right to access Our Website or some of the Online Courses and Other Products it offers, you
may be asked to create a personal User Account (an “Account”) by registering through the Website, providing us with
true, accurate, and complete information as requested on the registration form (your “Registration Information”),
accepting this Agreement, and signing the Authorization for the Use and Disclosure of Health Information (the
“Authorization Form”). You will promptly update all Registration Information to keep it true, accurate, and complete.
Should we suspect that any Registration Information you provide is not true, accurate, or complete, we have the right to
suspend or terminate your use of the Online Courses and Other Products. When you register, we will ask you to provide a
username and password. You agree to keep your password confidential. You agree to notify us immediately of any
unauthorized use of your user name or password or if you believe that your password is no longer confidential.
2. Account Use Restriction. Our Online Courses and Other Products are for the personal use of Users only and Users may
not use them in connection with any commercial endeavors. You represent and warrant that you will use Our Online
Courses and Other Products solely for your own personal benefit and that you will not resell or distribute Our Online
Courses and Other Products. You will not use any information obtained from the Online Courses and Other Products in
order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without that
User’s prior explicit consent. You will not: (i) interfere with, disrupt, or create an undue burden on Our Website or services
connected to Our Online Courses and Other Products; or (ii) introduce software or automated agents to Our Website for
any purpose, including monitoring or copying any of the material on Our Website. You will not attempt to impersonate
another User or person, including, without limitation, any employee of RBI. At all times, you will use Our Website in a
manner consistent with any and all applicable laws and regulations.
3. Consent to Telehealth Services. Telehealth involves the delivery of services using electronic communications, information
technology or other means between a Professional Care Provider and a patient who are not in the same physical
location. While the provision of services using telehealth may offer certain potential benefits, there are also potential
risks associated with the use of telehealth. The telehealth services are not a substitute for in-person health care in all
cases. In order to use telehealth services via Our Website, you will be required to review and agree to an informed
consent regarding the use of telehealth (the “Telehealth Consent”) that will be provided to you by RBI and the
Professional Care Provider through Our Website. You agree that RBI is a third-party beneficiary of the Telehealth Patient
Consent and has the right to enforce it against you, if applicable.
4. Term. This Agreement shall remain in full force and effect while you use Our Online Courses and Other Services or have
an Account. You may delete your Account at any time, for any reason by contacting [email protected]. RBI may
terminate your Account for any reason, effective upon sending notice to you at the then-current e-mail address in your
Registration Information. You understand that RBI reserves the right to delete any of your Registration Information or
Content upon termination of this Agreement and/or your Account, but may retain any Registration Information or Content
for archival purposes or as required by law. RBI does not assume liability for any termination of your Account or related
deletion of your information.
2. Payment.
1. Payment Terms. You agree to pay all fees due for Online Courses and Other Products requested through Our Website.
You will see a prompt for your payment details, such as your credit card information and any promotional codes you may
have. By entering your payment information and submitting your request, you authorize Us, Our affiliates, or Our third
-party payment processors to charge the amount due. You understand and agree that you are responsible for all fees due
to receive Online Courses and Other Products available through Our Website, including any fees charged by third-party
affiliate professional entities or Professional Care Providers. Your payments to RBI may include fees charged by third
-party affiliate professional entities or Professional Care Providers for services, which RBI may collect on their behalf. Any
services not made available through the Online Courses and Other Products on Our Website are not included in the
payments collected by RBI and you may be separately charged by the applicable Professional Care Provider for such
services. RBI and/or the third-party affiliate professional entities and/or Professional Care Providers have no obligation to
provide any services unless and until full payment has been received and/or verified.
Since We have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of
any of Our Online Courses or Other Products, we do not tolerate or accept any type of chargeback threat or actual chargeback
from your credit card company and your agreement with us will automatically terminate upon such attempt to seek a chargeback
from your credit card company. You will remain responsible for payment in full for the Online Courses and Other Products which
you have purchased.
In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we
reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback
database or for listing as a delinquent account which could have a negative impact on your credit report score. The information
reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be
removed from the database shall make the payment for the amount of the chargeback.
We also reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by
enlisting the help of a collections agency, and We may exercise our right to report your delinquent payment to all three credit
reporting agencies, either directly or through the help of a collections agency.
All Online Courses and Other Products made available through Our Website are subject to availability and we reserve the right to
impose limits on any services or reject all or any part of an order without prior notice. In the event of an error, We reserve the right
to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund
any amount charged. Prices for all Online Courses and Other Products available via Our Website are subject to change at any time.
All credit card, debit card and other monetary transactions on or through Our Website occur through an online payment processing application(s) accessible through Our Website. This online payment processing application(s) is provided by a third-party online
payment processing vendor. RBI’s relationship with its online payment processing vendor, if any, is merely contractual in nature and
is in no way subject to RBI’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries,
franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
1. Refund Policy. Your satisfaction with Our Online Courses and Other Products is important to Us. Yet, because of the
extensive time, effort, preparation and care that goes into creating and/or providing Our Online Courses and Other
Products, We have a no refund policy. 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. By using and/or purchasing any of
Our Online Courses and Other Products, you understand and agree that all sales are final and no refunds will be
provided.
1. License to Content Submitted Via the Website.
1. RBI Content. For purposes of this Agreement, “Content” means any and all postings, messages, text, files, images,
photos, video, works of authorship, or other material. The Wellness Content, Online Courses and Other Products
available via the Website are our property (“RBI Content”) and are protected by copyright, trademark, and other
intellectual property laws. RBI and its licensors (including Users) own and retain all proprietary rights in the RBI Content
and Our Online Courses, Wellness Content, and Other Products available through Our Website. This content includes, but
is not limited to, the design, layout, look, appearance, graphics in or on Our Online Courses, Wellness Content and Other
Products or any other material or aspects of materials made available via Our Website. You shall not reproduce,
distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of,
and otherwise use the RBI Content. If you purchase or access any of Our Online Courses or Other Products, you will be
considered our Licensee. RBI hereby grants you a limited, revocable, non-sublicensable license to reproduce and
publicly display the RBI Content (excluding any software code) solely for your personal use in connection with viewing
Our Website and using Our Online Courses and Other Products. This means that you may not use Our Online Courses or
Other Products in a manner that constitutes an infringement of Our rights or that has not been authorized by Us.
You are PERMITTED to access Our Online Courses, Wellness Content and Other Products as follows:
If the functionality is available, you may download and/or print the contents of Our Online Courses, Wellness Content and
Other Products for your own personal use. However, you are not permitted to share, sell, reprint or republish any other of Our
Online Courses or Other Products, including handouts, for resale or mass reproduction purposes for your own business use
without Our permission. This includes sharing Our Online Courses with your friends, family, colleagues, or others. If they
would like access, they must purchase their own license separately.
Any trademarks, taglines, and logos displayed on or in Our Online Courses, Wellness Content and Other Products are
trademarks belonging to us. All trademarks reproduced in Our Website, which are not the property of, or licensed to Us, are
acknowledged on Our Website. Any use including framing, meta tags or other text utilizing these trademarks, or other
trademarks displayed, is strictly prohibited without Our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be
included at all times. Any marketing or promotional tools and/or Online Courses, Wellness Content or Other Product titles or
any other title or information bearing the trademark symbols (™) or ® may not be used by you for any reason without Our
express written permission.
Information You are PROHIBITED from Sharing with Others:
As a Licensee, you understand and acknowledge that our Online Courses, Wellness Content and Other Products have been
created, developed or obtained by Us through the investment of significant time, effort and expense, and that this information is a
valuable, special and unique asset which needs to be protected from improper and/or unauthorized use. When you enroll in or
purchase Our Online Courses, Wellness Content or Other Products, you agree that you are clearly and expressly prohibited from
doing the following:
You will not copy, share or steal Our Online Courses, Wellness Content or Other Products, or any parts of them. You will not
use, copy, adapt or represent any of Our Online Courses, Wellness Content or Other Products in any way as if they are yours
or created by you.
You will not engage in improper and/or unauthorized use of Our Online Courses, Wellness Content or Other Products.
Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by
email or other electronic means) any Online Courses, Wellness Content or Products accessed or purchased through Our
Website or any other communications provided by Us for your own personal use, business/commercial use or in any way
that earns you money.
You will not duplicate, share, trade, sell, or otherwise distribute Our Online Courses, Wellness Content or Other Products to
any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was
known to you or not at the time that you shared the information that their intention was to use the RBI Content for their own
personal use or business/commercial use. This means you cannot share or sell or any part of Our Online Courses, Wellness
Content or Other Products to someone else so they can copy and/or use them for their own personal use,
business/commercial use or in any way that earns them money. You are the only one granted a limited license to use Our
Online Courses, Wellness Content or Other Products available through Our Website.
You will not violate Our intellectual property rights, including copyright and trademark rights. Downloading, printing, or
otherwise using Our Online Courses, Wellness Content or Other Products for your own training purposes in no way gives you
any copyright, trademark, intellectual property or ownership rights of the Online Courses, Wellness Content or Other Products
available through Our Website.
You will not reprint or republish any part of Our Online Courses, Wellness Content or Other Products for publication
or compilation into your own products, programs, services or program materials for your own personal use or
business/commercial use or in any way that earns you money.
You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of Our Online Courses,
Wellness Content and Other Products as set forth in these Terms of Use is considered theft and stealing and We retain the right to
prosecute theft to the full extent of the law. You agree and understand that prohibited use, improper and/or unauthorized use may
give rise to a civil claim for damages and/or be a criminal offense.
1. Your Content. RBI does not claim ownership in any Content that you originate and publish, display, submit, upload or
otherwise transfer (“post”) while using Our Website in connection with any Online Courses or Other Products via Our
Website. You hereby grant to RBI a non-exclusive, worldwide, irrevocable, perpetual, fully-paid and royalty free,
transferable license (with the right to sublicense through unlimited levels of sublicensees) to reproduce, modify, publicly
display, publicly perform, prepare derivative works of, transmit, and distribute Content for the purpose of (a) providing
access to Our Online Courses and Other Products and (b) creating, using, and disclosing de-identified and/or aggregated
data from your Content. You represent and warrant that: (i) you own or otherwise have the right to grant the license set
forth in this section for the Content that you post while participating in Our Online Courses and Other Products and (ii)
your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity.
You are solely responsible for any and all Content that is posted by you on Our Website.
2. Media Release. By participating in Our Online Courses or Other Products, including group coaching, webinars, Facebook
communities or other social media (if any), you consent to photographs, videos, and/or audio recordings that may be
made that may contain your image, text, voice and/or your likeness. Please note that these postings and/or recordings
may or will be shared with potential clients or other clients who have purchased Our Online Courses or Other Products
and through social medial websites, group seminars and webinars.
3. User Guidelines. RBI reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole
discretion for any violation of this provision or this Agreement or any conduct that is offensive, illegal, or violates the
rights of, harms, or threatens the safety of, other Users or third-parties, including removing such content from Our Website,
notifying the appropriate authorities, barring violators from accessing Our Online Courses and Other Products, and
terminating the Accounts of such violators. Without limiting the foregoing, you agree that you will not post any Prohibited
Content. “Prohibited Content” includes Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm
of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of
another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is
false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous; (v) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another
person’s work that is protected by copyright or trade secret law; (vi) is involved in the exploitation of persons under the
age of 13 in a sexual or violent manner, or solicits personal information from anyone under 13; (vii) provides instructional
information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or
creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for
commercial or unlawful purposes from other Users; (ix) except as expressly approved by RBI, involves commercial
activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses,
Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (xi) violates any applicable law,
including, but not limited to export laws; or (xii) otherwise violates this Agreement or creates liability for RBI.
1. Copyright Policy. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright
infringement that comply with applicable law. If you believe any materials accessible on or from Our Website infringe your
right, you may request removal of those materials (or access to them) from Our Website by submitting a written
notification to Our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability
Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must
include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on Our
Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available,
e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its
agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You may send an e-mail with the foregoing information to [email protected] and we will do our best to reply promptly. If you fail to
comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on Our Website is infringing your copyright,
you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
1. Third Party Links and Websites. Our Online Courses, Wellness Content, and Other Products available via the Website may
contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites are not under
RBI’s control; therefore, we are not responsible for the information, products or services described thereon, or for the content
of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site.
We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply
endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we
are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in
connection with use of or reliance on information contained in or provided to Linked Sites.
2. Opinions Expressed Via Online Courses and Wellness Content. Although We are confident that visitors to Our Website will find
our Online Courses and Wellness Content to be of relevance and of general interest, We do not endorse the viewpoints,
opinions, methodologies or practices of any of the presenters, authors and contributors to Our Online Courses and Wellness
Content and we do not have any control over and are not responsible for the activities of those presenters, authors and
contributors other than their specific participation in Our Online Courses and Wellness Content. While certain of the
presenters, authors or contributors to RBI’s Online Courses and Wellness Content may be Professional Care Providers, neither
those presenters, authors or contributors nor RBI and its staff are rendering professional health care advice of any kind to you
personally, including without limitation, medical, psychological, emotional, nutritional, relationship or personal growth advice,
counseling, therapy or treatment (“Professional Advice”), but are merely providing information and materials for general
education about wellness topics.
3. Electronic Communications. When you access or use Our Website and 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. You consent to receive communications from Us, the
third-party affiliate professional entities and its Professional Care Providers electronically, if applicable. 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.
4. General Disclaimer. While We use care in creating Our Online Courses, Wellness Content and Other Products, to the fullest
extent permitted by law, We expressly exclude any liability for any direct, indirect or consequential loss or damage incurred
by you or others in connection with Our Online Courses, Wellness Content and Other Products, including without limitation any
liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions,
misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or
harm, loss of income or revenue, loss of business, loss of profits or contracts or anticipated savings, loss of data, loss of
goodwill, any wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach
of contract, or otherwise, even if it’s foreseeable. You specifically acknowledge and agree that We are not liable for any
defamatory, offensive or illegal conduct of any other Online Course participant or user, including you.
5. Medical Disclaimer. Our Online Courses, Wellness Content and Other Products are not to be perceived as or relied upon in
any way as medical advice. The information provided through Our Online Courses, Wellness Content and Other Products is
not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own
physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietician or
nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional
medical advice or delay seeking professional advice because of information you have received through Our Online Courses,
Wellness Content or Other Products via the Website. Do not start or stop taking any medications or change your food or
exercise program without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other
health care professional. If you have or suspect that you have a medical or mental health issue, contact your own healthcare
provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat,
prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We
are not giving medical, psychological, or religious advice whatsoever.
6. Legal and Financial Disclaimer. Our Online Courses, Wellness Content and Other Products are not to be perceived or relied
upon as business, financial or legal advice. The information provided through Our Online Courses, Wellness Content and
Other Products is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer,
or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own
accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and
taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the
success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of
any kind that you may have as a result of information presented to you through Our Online Courses, Wellness Content and
Other Products. You are solely responsible for your results.
7. Earnings Disclaimer. You acknowledge that we have not and do not make any representations as to the physical, mental,
emotional, spiritual or health benefits, future income, sales volume or potential profitability or potential of loss of any kind that
may be derived as a result of your participation in Our Online Courses or Other Products. We cannot and do not guarantee
that you will attain a particular result, positive or negative, financial or otherwise, through the use of Our Online Courses,
Wellness Content and Other Products and you accept and understand that results differ for each individual. We also expressly
disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or
obtained through Our Website.
8. No Warranty. WE MAKE NO WARRANTIES AS TO ANY OF THE ONLINE COURSES, WELLNESS CONTENT, AND OTHER
PRODUCTS AVAILABLE THROUGH OUR WEBSITE. YOU AGREE THAT THE ONLINE COURSES, WELLNESS CONTENT, AND
OTHER PRODUCTS AVAILABLE THROUGH OUR WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE ONLINE COURSES,
WELLNESS CONTENT OR ANY OTHER PRODUCTS AVAILABLE THROUGH OUR WEBSITE WILL BE FUNCTIONAL,
UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
ANY PART OF OUR WEBSITE, AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF OUR ONLINE COURSES AND
OTHER PRODUCTS, OUR WEBSITE AND WELLNESS CONTENT OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR
CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
9. Technology Disclaimer. We try to ensure that the availability and delivery of Our Online Courses, Wellness Content and Other
Products is uninterrupted and error-free, including our content and communications through methods like Our Website, group
coaching, member forums, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded
webinars, tele-seminars, recorded tele-seminars, emails, downloadable audio files, downloadable PDF printed transcripts,
downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by Us to you. However, We cannot
guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or
updates, although, of course, We will try to limit the frequency and duration of suspension or restriction. To the fullest extent
permitted by law, We will not be liable to you for damages or refunds, or for any other recourse, should Our Online Courses or
Other Products become unavailable or access to them becomes slow or incomplete due to any reason, such as system back
-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or
any other cause which may from time to time make Our Online Courses or Other Products inaccessible to you.
10. Force Majeure. In the event that any cause beyond our reasonable control, including, without limitations, “acts of God”/nature,
war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor
strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines,
lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other
instances, make it inadvisable, illegal, or impossible for us to perform my responsibilities or obligations under this Agreement,
either because of unreasonable increased costs or the risk of injury, we will not be liable for a reasonable period of delay or
for the inability to indefinitely fulfill our responsibilities and obligations.
11. Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or
suitability of the information in Our Online Courses, Wellness Content and Other Products available through the Website.
Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of medical,
technological and scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of
our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such
inaccuracies or errors to the fullest extent permitted by law.
12. Limitation on Liability. RBI 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 Wellness Content or Our Other Products, or for any claim, loss or injury based on
errors, omissions, interruptions or other inaccuracies in Our Website (including, without limitation, as a result of breach of any
warranty or other term of these Terms of Use). Any claim against us shall be limited to the amount you paid, if any, for use of
Our Website or the applicable Online Courses or Other Products. 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.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Our
Website, your use of Our Website, access to or purchase of Our Online Courses, Wellness Content, or Other Products or these
Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
1. Indemnification. You agree to indemnify and hold harmless RBI and its affiliates, and their respective members, directors,
officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and
costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use or any breach by you of
your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which
we are entitled to indemnification under this Section 17. In such event, you shall provide Us with such cooperation as is
reasonably requested by Us.
2. Termination. This Agreement is effective until terminated. You have the right to terminate your use of or participation in Our
Online Courses or Other Products at any time by sending an e-mail to [email protected]. RBI reserves the right in Our sole
discretion to refuse or terminate your access to Our Online Courses or Other Products, in full or in part, at any time without
notice, by sending you an e-mail to the e-mail address you provided upon purchase of Our Online Course or Other Products.
In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or
balances that are owed. Upon termination by either of us, we reserve the right to immediately refuse or terminate your access
to any aspect of Our Online Courses or Other Products, including but not limited to Our Website, private forums, e-mail
communications, Facebook groups, live webinars or conference calls, or any other method of communications related to Our
Online Courses or Other Products at any time without notice and in our sole discretion. The provisions of this Agreement
concerning, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and
resolution of disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this
Agreement or your relationship with RBI.
3. Arbitration. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and
the State of California, U.S.A., 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. You acknowledge that the arbitrator's decision is final and binding and may be entered as a judgment into any
court with 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 attorneys’ fees and all costs necessary to enforce
the decision of the arbitrator.
If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or
enforceability of any other term, which shall be given full force and effect.
1. Assignment. You may not assign any of your rights under this Agreement, and any such attempt will be null and void. RBI
may, in its sole discretion, assign or transfer, without further consent or notification, this Agreement or any or all of the
contractual rights and obligations pursuant to this Agreement, in whole or in part, to any affiliate of RBI or to a third-party in
the event that some or all of the business of RBI is transferred to such other third-party by way of merger, sale of its assets or
otherwise.
2. No Professional Advice. All information, materials, content and/or advice on Our Website or provided through Our Online
Courses, Wellness Content and Other Products are for informational purposes only and is not intended to replace or substitute
for any professional, financial, medical, legal, or other advice. RBI expressly disclaims, and You expressly release RBI from,
any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided
within or through Our Website. You should consult an appropriately trained specialist for all concerns requiring professional or
medical advice.
3. Miscellaneous. This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you
and RBI relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral
agreements or understandings between you and RBI relating to such subject matter. If any provision of this Agreement is
found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and
will not affect the validity and enforceability of any remaining provision. The failure of RBI to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement to
either of the following:
By email: [email protected].
© 2025 Rizvi Brain Institute (RBI)
© 2025 Rizvi Brain Institute (RBI)