Privacy Notice

This privacy notice discloses the privacy practices for Brainspring.com.

This privacy notice applies solely to information collected by this website. It will notify you of the following:

• What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
• What choices are available to you regarding the use of your data.
• The security procedures in place to protect the misuse of your information.
• How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Terms and Conditions regarding Brainspring Text Messaging Program

By providing your phone number to Brainspring, you will receive SMS (Short Message Service), MMS (Multimedia Message Service) messages regarding services provided by Brainspring.

Specific text messages a customer may receive are scheduling and services messages, including, but not limited to:

1. when a session is cancelled,
2. when a make-up session is available,
3. when Brainspring needs to contact you about a session, and
4. other services that Brainspring may offer.

Please note that by providing your mobile phone number, you acknowledge that notifications and service messages, which may include some limited personally identifiable information, will be sent to the number you provide, which may be viewed by whomever has access to that mobile phone or the carrier account. Please also note that message and data rates may apply, you are responsible for those charges, and that message frequency varies per user. Mobile carriers are not liable for delayed or undelivered messages.

By opting in, you agree to receive transactional SMS/MMS messages to confirm, remind, or cancel your sessions scheduled with Brainspring. Brainspring will not share your mobile information with third parties for marketing or promotional purposes without your prior express written consent.

How to Opt Out or Get Help

You may opt out at any time by texting STOP to a message received from Brainspring or by calling our office at 800-732-3211 to update your message preferences with us. For help at any time about any of the following programs, please call 800-732-3211. Customers may also email customer support at brainspring@brainspring.com.

Minors

If you are under 18, you or your guardian may request that Brainspring remove any content or information that you may have posted on our Internet Web site, or any online service, online application, or mobile application, including your name, address, mobile or home phone, gender, and date of birth. If you choose to request that Brainspring remove any such content or information, you may do so by emailing brainspring@brainspring.com, calling customer support 800-732-3211, or by writing to Brainspring, Attn: Learning Centers, Troy, MI, 48083. Please note that our removal may not be complete or comprehensive, such as when the content or information has been reposted by a third party.

DISCLAIMER

This program and our text messaging content is provided on an “as Is,” “as available” basis, without representations or warranties of any kind. To the full extent permitted by law, Brainspring disclaims all representations and warranties, either express or implied, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose.

Brainspring does not have any liability or responsibility for any errors or omissions in the content of this program. Brainspring does not represent or warrant that the text messaging program will operate without interruption or error.

In no event shall Brainspring, its affiliates or any of its employees, directors, officers, agents, vendors or suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with participation in this program, whether in contract, negligence, or other tortious action, even if an authorized representative of Brainspring has been advised of or should have known of the possibility of such damages. In jurisdictions that do not allow the exclusion or limitation of liability for incidental or consequential damages, such limitation shall not be applicable to you.

Your participation in the text messaging program is at your sole risk, and if you are dissatisfied with the text messaging program, its content or with these terms and conditions, your sole and exclusive remedy is to opt out of the program.

Waiver

No term or provision of these Terms and Conditions shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the party claimed to have waived or consented.

Termination

Brainspring reserves the right, in its sole discretion, to terminate your access to the all or part of the Text Messaging Program, with or without notice, for any reason or no reason, including, without limitation, your violation of these Terms and Conditions.

Governing Law and Venue

By accessing and using this Text Messaging Program, you agree that your access and use is subject to these Terms and Conditions as well as applicable laws, as governed and interpreted pursuant to the laws of the State of Michigan. Any litigation arising out or in connection with your use of this Program shall be exclusively in the state or federal courts located in Oakland County, Michigan.

Your Representations and Warranties.

By providing your phone number to Brainspring, and for any phone number that you might provide to Brainspring in the future, you certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else's number. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. In the event that you provide a phone number for which you do not have authority to provide consent, you agree to defend and indemnify Brainspring and/or their affiliates, agents, assigns, and service providers against any claims relating to SMS/MMS messages that Brainspring and/or their affiliates, agents, assigns, and service providers may make to any such phone number based on the consent that you have provided to receive such SMS/MMS messages.

Severability; Entire Agreement.

If any part of this agreement is ruled to be unenforceable, then such part shall be limited or eliminated to the minimum extent necessary, with the remainder of agreement remaining in full force and effect. The Terms and Conditions constitute the entire agreement between us governing your use.

Cookies

We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

Orders

We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you. Your Access to and Control Over Information You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the “contact us” form or phone number given on our website:

• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 844-680-7094 or using the contact us form on our Website.