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Hollerith Technologies

Hollerith TechnologiesHollerith TechnologiesHollerith Technologies
  • Home
  • Our Mission
  • The Team
  • Contact Us
  • Privacy Policy
  • Terms and Conditions

Brain Break Terms and Conditions

Acceptance of the Terms of Use Agreement

The terms and conditions contained within this Terms of Use Agreement (“TOUA”) apply to the Brain Break App (“Brain Break”) created by Hollerith Technologies, LLC. (“Hollerith”). Hollerith is the sole owner of Brain Break. Content incorporated in or used within or by Brain Break (with the exception of personal information of the account holder/user that is input to Brain Break as part of registration) is the property of Hollerith and/or third parties with which Hollerith has contractual use or services agreements, including but not limited to providing content (“ Content Curators” or “Curators”). By using Brain Break, you agree to all terms and conditions laid out in this TOUA. If you do not agree to any part of the TOUA, you may not use Brain Break. 


Hollerith reserves the right, in its sole discretion, to change, modify, add, or remove any part of the TOUA, at any time. It is the responsibility of the account holder/user, you, to check if any change has been made to the TOUA. By using Brain Break, the user agrees to comply with the TOUA, regardless of the account holder/user’s understanding or lack of understanding of the TOUA at the time of use. If the account holder/user purchases a subscription to use Brain Break and complies with the TOUA, Hollerith grants them a personal, non-exclusive, non-transferable, limited privilege to use Brain Break during the term of that subscription. 

Intellectual Property

Any and all articles, quizzes, texts, photographs, logos, sounds, music, videos, and artworks (collectively “Content”), including but not limited to design, structure, and arrangement of such Content, within Brain Break is owned, controlled, or licensed by or to Hollerith. Content is protected by various copyright, patent, and trademark laws in a range of legal jurisdictions. 


Unless expressly stated within this TOUA, no part of Brain Break or Content may be copied, reproduced, republished, uploaded, downloaded, ripped, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication, distribution, access or for any other purpose whatsoever, without Hollerith’s prior written consent. 

How NOT to Use Brain Break

Any attempt to reproduce, reverse engineer, or rip the coding or Content of Brain Break is expressly forbidden. Any attempt to modify, control or bypass the navigational structure of Brain Break or otherwise access or seek to access materials or documents purposely not available to Brain Break account holders/users, including but not limited to personal information of other account holders/users (defined in Hollerith’s Privacy Policy, here), is strictly forbidden. Hollerith reserves the right, in its sole discretion, to take any legal and/or operational action to prevent, cease, combat and/or bar any type of such activity as they see fit. You, the account holder/user expressly grant Hollerith or its designated representatives the right to take any action required to protect the interests of Hollerith, Curators or other third parties related to the use of Brain Break. 


Any attempt to gain unauthorized access to part or all of Brain Break, or any potential systems connected to Brain Break, by hacking, password “mining” or other illegitimate means is strictly forbidden. 


Any attempt to probe, test, scan, log or bypass/breach the security or authentication measures of Brain Break, or any Curators’ site, is strictly forbidden. Any attempt to reverse-lookup or trace information on any other account holder/user (e.g., any Brain Break account not owned by you) of Brain Break, customer or Curator, where it is possible, or there is intent, to retrieve personal identification or information other than your own information is strictly forbidden. 


Any attempt to disrupt or interfere with the proper operation of Brain Break, through the use of a device or software or routine, or by any other means, is strictly forbidden. 

Any attempt to use Brain Break or any Content for anything unlawful or as part of an activity prohibited by this TOUA, or any other activity which infringes on Hollerith’s or the Curator’s rights, is strictly forbidden. 

Subscribing and Payment

Subscribing to Brain Break and acceptance of this TOUA, gives the account holder/user access to the service Brain Break offers, which is delivered via software. Brain Break does not provide, nor advertise, a physical good as part of the account holder/user’s subscription. The account holder/user must have an active subscription and be in compliance to the TOUA to have access to the services of Brain Break. 


Payment for a subscription to Brain Break is processed by the App Store you use (e.g., Google Play Store or Apple App Store). Hollerith has no responsibility, or ability, to fix any payment issues through the App Stores. If there are issues with the payment method, please contact the App Store you use through the appropriate channels. All sales of Brain Break subscriptions are final, no refunds will be administered for any reason. 


In the case of automatic renewal of subscriptions, 24 hours before the current subscription ends, the payment method will be charged, and your subscription renewed. If you wish to cancel your subscription you must do so before the automatic renewal payment occurs 24 hours prior to the current subscription’s end. To end your subscription, cancel it through the App Store you use. Failure to do so may lead to the continuance of your subscription to Brain Break. 

Account Security

Accessing Brain Break requires the creation of an account for the account holder/user. This includes, but is not limited to, submission by the account holder/user of information such as an email/username and a password. As the account holder/user it is your responsibility to maintain and protect the security and confidentiality of your account credentials (i.e., username and password). In the event the account holder/user exposes or shares their information to or with third-parties, Hollerith has no responsibility or liability for any action or activity that may result to their account or information. The account holder/user agrees to (i) notify Hollerith immediately of any breach of security and (ii) to use their system to remedy the breach as quickly as possible by any necessary means including but not limited to changing their username and password.


Only the Account Holder can designate users. The Account Holder may not share their account with anyone other than those they designate as user. 


Hollerith is not liable for any loss or damages that may arise from a failure to comply with these terms/obligations. 

Privacy

Hollerith’s Privacy Policy, which applies to Brain Break, is a part of this TOUA. To view Hollerith’s and Brain Break’s Privacy Policy, click here. 


The account holder/user hereby expressly acknowledges that no matter how many precautions are put in place, transmissions via the Internet are never completely private or secure. Any and all information sent to Brain Break has the possibility of being read or intercepted, even if there is a special notification indicating it is encrypted (e.g., credit card information). 

Links to Curator’s Site

Brain Break contains links to Curator’s websites (“Curator Sites”). Curator Sites are available via Brain Break related to delivering additional sources of information to the user. Hollerith has no control over Curator Sites and, as such, Hollerith takes no responsibility for any problems that may arise from interacting with Curator Sites. While Hollerith does all they can to recruit reputable Curators, any information or materials shared with a Curator’s site is not Hollerith’s responsibility. 

Disclaimers

HOLLERITH DOES NOT PROMISE THAT BRAIN BREAK OR ANY CONTENT, SERVICE OR FEATURE OF BRAIN BREAK IS ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED. BRAIN BREAK AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” BASIS. ALL INFORMATION PROVIDED ON AND IN CONNECTION WITH BRAIN BREAK IS SUBJECT TO CHANGE WITHOUT NOTICE. HOLLERITH CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FOR BRAIN BREAK WILL BE VIRUS FREE OR NOT BE CONTAMINATED OR CONTAIN DESTRUCTIVE FEATURES. HOLLERITH DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY OF INFORMATION AND NON-INFRINGEMENT. HOLLERITH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY OR CURATOR IN CONNECTION WITH THE USE OF BRAIN BREAK. THE USER ASSUMES ALL RESPONSIBILITY FOR THE USE OF BRAIN BREAK AND ANY CURATOR OR OTHER THIRD PARTY SITES. THE SOLE REMEDY FOR DISSATISFACTION WITH BRAIN BREAK, AND HOLLERITH, AND ANY CONTENT IS TO STOP USING BRAIN BREAK. 


The disclaimer above applies to any injuries, damages or liability caused by a failure in performance, error, omission, interruption, or computer virus related to Brain Break. 


Hollerith reserves the right to perform any of the following, at any time, without notice, in Hollerith’s sole discretion: (i) modify, suspend or terminate any portion or all of Brain Break, for any reason; (ii) modify or change a portion of or all of Brain Break, and any applicable policies; (iii) interrupt the operation of a portion of or all of Brain Break, as necessary to perform maintenance or other changes. 

Limitation and Liability

Under no circumstances or events (to the maximum extent permitted by law) is Hollerith liable for any direct, indirect, consequential, incidental, or punitive damages. Hollerith is in no way liable for any action you may take in response to viewing the Content presented in Brain Break. 


In the event Hollerith is found to be liable, notwithstanding the other parts of this TOUA, to you for any damages or losses which arise from viewing the Content associated with Brain Break, Hollerith’s liability shall not exceed the greater of (i) the total cost of any subscription; or (ii) $20 USD. For some jurisdictions, there may not be a legal limitation to liability, the limitations may not apply in those cases. 

Indemnity

Upon the first access to Brain Break and forever thereafter, Account holders/users or any related or other third parties (in aggregate “Indemnitors”) hereby indemnify and hold harmless Hollerith, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, affiliates, Curators and contractual third parties (in aggregate “Indemnitees”) from any demands, losses, liabilities, claims, or expenses (including attorney’s fees), made against Indemnitees by any party arising from a dispute or claim in connection with the use of Brain Break. 

Violations of the TOUA

In the event a conflict, issue or complaint arises that puts you, Hollerith, or other Brain Break users’ rights or property at risk, Hollerith may disclose any information Hollerith has about you, including your identity, to any appropriate authority or regulatory entity, including but not limited to law enforcement. Hollerith reserves the right to disclose any information that is deemed necessary, in Hollerith’s sole discretion, to comply with any applicable law, regulation, legal process, or governmental request. Hollerith may also disclose your information if it is determined that applicable law permits or requires such disclosure, including but not limited to exchanging information with other companies for investigation of and protection from fraud or other regulatory or legal violations (e.g., with respect to credit card payments). 


Any communication with Hollerith, through any channel, may be preserved, retained and/or archived by Hollerith or a third party contracted by Hollerith for that purpose. It is acknowledged that Hollerith may disclose these communications for any one or more of the following purposes: 


i. To enforce the TOUA

ii. To comply with any legal process

iii. To respond to claims concerning Brain Break

iv. To protect the rights, property, or personal safety of Hollerith, its employees, or account holders/users of Brain Break


In the event Hollerith determines, in its sole discretion, that there has been a violation of this TOUA, Hollerith reserves the right to terminate access to Brain Break at any time, and/or to restrict or block future access. Any violation of this TOUA will constitute an unlawful and unfair business practice, in which case Hollerith will be deemed to have been caused irreparable harm for which monetary damages will not suffice. You expressly consent to Hollerith being able to obtain, without notice to you, or delay or interference from you, the account holder/user, any injunctive or equitable relief that Hollerith deems appropriate. These will be in addition to any remedy Hollerith may have due under law. 


It is also acknowledged that Hollerith reserves the right, in its sole discretion and without prior notice, to terminate access to Brain Break for any of the following reasons:


i. Request from law enforcement or government agency

ii. A request from the account holder (i.e., account cancellation) 

iii. Unexpected technical issues 

iv. Necessary closure for system upgrade or maintenance 


In the event Hollerith takes legal action against you as a result of a violation of this TOUA, regardless of outcome, Hollerith shall be entitled to full reimbursement of reasonable attorney’s fees and costs associated with the legal action, in addition to any judgment ruled in favor of Hollerith. It is also acknowledged that Hollerith is not liable to you or any third party for termination of access to Brain Break as a result of a violation of this TOUA. 

Governing Law

It is acknowledged that all matters relating to access or use of Brain Break, including any and all disputes, will be governed by the laws of the United States and by the laws of the State of Arizona without regard to conflicts of laws provisions. Account Holder/User acknowledges and agrees to the jurisdiction the US Federal and Arizona State courts in Pima County, Arizona, and expressly waives any objections to such jurisdictions or venue. 

  

Other 


It is acknowledged and agreed to that the Content associated and within Brain Break may not be used, exported, adapted, or copied in any form such that it violates any applicable laws or regulations, including without limitation United States export laws and regulations. 


Severability 


In the event any provision contained in this TOUA is ruled void or unenforceable by a court or other tribunal of competent jurisdiction, the provisions in question will be eliminated or replaced with a provision that best adheres to the principals laid out in these TOUA. If this happens, the remaining TOUA terms are not affected in any form and remain in full effect. 


TOUA Priority 


This TOUA, in its entirety, constitutes an agreement between you and Hollerith, with regard to the use of Brain Break. As such, any previous agreements or understandings are superseded by this TOUA. 


Feedback 


Any feedback given to Hollerith, in regard to Brain Break and associated items, is deemed non-confidential. Hollerith may use this information as they deem necessary on an unrestricted basis. 

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