Terms Of Use

Last Revised: 11/16/19

These Terms of Use are a legal agreement between you and DeerBrain, that governs your access to and use of https://www.deerbrain.com/ and the Mobile App. Your access to and use of the Service is conditioned on your acceptance of the Terms of Use.  Please review the Terms of use carefully. By Clicking "Sign Up", making purchase through the service registering for an accout or accessing the service. You agree to be bound to the terms of use including any updates or revisions posted here.  If you do not agree to be bound by the Terms of Use, do not access the service, Website or App. 

Our services are available only to those in the United States and to individuals who can form a legally binding contracts under applicable law.  By use of the service you represent and warrant that you are over eighteen years of age. If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended DeerBrain customers.  

We urge you to Read our privacy statement and notice of privacy practices, which is accessible through the www.deerbrain.com/privacy-policyYou acknowledge and agree that by accessing or using the service, DeerBrain may receive certain information about you, including personal information, and DeerBrain may collect, use and disclose such information in accordance with the Privacy Policy. 

DeerBrain makes available mobile apps for access to and use of certain components of the Service. Subject to your compliance in all material respects with the terms and conditions of the Terms of Use and, if you access or use the Mobile App on Apple iOS, the usage rules set forth in the iTunes App Store Terms of Service, DeerBrain grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Mobile App on a personal mobile device that you own and control, in executable, machine-readable, object code form only and solely for your personal, non-commercial purposes. You acknowledge and agree that the Mobile App are licensed, not sold, to you for use only under the terms and conditions of the Terms of Use. 

You are fully responsible for all activities that occur under your account. You agree to notify DeerBrain immediately of any unauthorized use of your account or password or any other similar breach of security.  You may not share your account or password with anyone.  You may not share screen shots or images on any internet forum or  social media platform such as facebook, twitter or linkedin.  By signing up you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or DeerBrain reasonably suspects that you have done so, DeerBrain may suspend or terminate your account. 

You are responsible for any usage, data and other charges assessed by cable, internet, mobile or other communications services providers for your access to and use of the Service. Some features of the Service are free to use, but fees may apply for subscriptions If there is a fee listed for any portion of the Service, by accessing or using that portion, you agree to pay the fee.  If you make an in-app purchase in a Mobile App, the applicable fee may be denominated in your local currency in the iTunes App Store (http://itunes.apple.com). The App Store collects the applicable fee from you on your device. You are solely responsible for paying all such taxes, fees and other charges. DeerBrain relies on the App Store to collect fees and to report on the status of accounts. Your access to the Service may be suspended or terminated if you do not make payment on time or in full. In-app purchases are managed by the App Store directly. DeerBrain does not have the ability to manage any aspect of your in-app purchases on your behalf, including, but not limited to, initiating, canceling or refunding purchases. By signing up for a subscription, your subscription will automatically renew at the conclusion of the then-current time period unless you turn off auto-renewal at least twenty-four (24) hours before the conclusion of the then-current time period. Uninstalling a Mobile App will not automatically cancel your membership or account or turn off auto-renewal. You must cancel your membership or turn off auto-renewal to end recurring charges. If you uninstall a Mobile App without canceling your membership or turning off auto-renewal, the recurring charges for your membership will continue. DeerBrain reserves the right to change membership fees at any time and DeerBrain may begin charging for products, content or services that it currently offers for free.  

You may not modify, adapt, reproduce, use, create derivative works from, publicly display, publicly perform, distribute, have made, make, pledge, assign, transfer or otherwise grant rights to the service website or app, except as expressly permitted under the Terms of Use.  You may not (except as expressly permitted by applicable law, revers engineer, decompile or translate, disassemble, or otherwise attempt to derive the source code of any software within or associated with the service.  You may not access the service, website or app for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features similar to the service or any products or services offered by DeerBrain 

DeerBrain offers advertisements within the app and website your dealings with the advertisers any other third party service is solely between you and the advertiser or other Third-party.  You agree that DeerBrain shall not be liable for any damage or loss of any kind incurred as a result of any such dealings. 

The Service or users of the Service may provide links to other websites or resources.  These links are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by the Library of Congress of any of the products, services or opinions of the corporation or organization or individual. The Library of Congress bears no responsibility for the accuracy, legality or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content 

DeerBrain may at its sole discretion from time to time develop bug fixes, updates, upgrades,  patches, and other modifications to improve the service  performance.  DeerBrain could  develop updates that require installation by you before you continue to access or use the Service.  

DeerBrain reserves the right to change the Terms of Use at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this Website. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. You can access and review the most current version of the Terms of Use at any time at: https://deerbrain.com/terms-of-use.  DeerBrain does not and will not assume any obligation to notify you of changes to this Agreement. If you do not agree to the updated Terms of Use, you must stop using the Service. Your continued use of the Service after the effective date posted at the top of the Terms of Use will constitute your acceptance of the updated Terms of Use. 

You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any and all claims, demands, damages(both consequential and actual), losses, costs and expenses (including all reasonable attorney's fees)  due to or arising out of or related in any way to your use of the website and App, including any violation of any law or regulation, violation of this Agreement, or violation of any proprietary or privacy right. 

You agree that the use of the website and App are at your sole Risk. DeerBrain and any of it's employees, members, agents & third party providers warrant that this website and app will be uninterrupted or error-free, nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.  

WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  

ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL INFORMATION BEFORE TAKING OR OMITTING ANY ACTION. ALWAYS OBEY PROPERTY LINE POSTINGS AND USE COMMON SENSE IN VISUALLY VERIFYING BOUNDARIES, ROADS AND PATHS. DO NOT USE THE SERVICE FOR ANY PURPOSE REQUIRING PRECISE DIRECTION, DISTANCE OR LOCATION. 

In no event shall we or our suppliers be liable for lost profits, lost revenue or any special, incidental or consequential damages of any kind arising out of or in connection with our site, our services or this user agreement( however arising, including negligence). Our liability and the liability of our suppliers, to you or any third parties in any circumstances is limited to the greater of (A) The amount of fees you pay to use in the 12 months prior to the action giving rise to liability , and (B) fifty Dollars($50) 

In the Event that you violate the Terms of use: all rights granted to you under the terms of use shall immediately terminate, but all other provisions shall survive termination; you must immediately stop using the service, website and App; all rights granted under the terms of use will terminate immediately with or without notice.  

The Terms of Use shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of South Carolina, without regard to conflict of laws principles.   

Any controversy or claim arising out of or relating to this User Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Spartanburg, SC. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in necessary to protect your or our rights or property pending the completion of arbitration.  

This Agreement is governed by and shall be construed in accordance with the laws of the State of South Carolina U.S.A., without reference to its conflicts of laws provisions. DeerBrain makes no representation that the materials are appropriate or available for use outside the United States. If you access this Website from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this Website. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located nearest to Spartanburg, SC  for any disputes with DeerBrain arising out of your use of this Website. 

This Agreement constitutes the entire agreement between DeerBrain and you with respect to this Website and app, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and DeerBrain with respect to this Website and app. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

“Getting you inside the Brain of a Deer”  or “Get inside the Brain of a Deer” are based on scientific research of typical deer patterns and typical deer hunter patterns.

If you have questions, concerns or suggestions regarding the Service, your account or the Terms of Use, please contact us at: inaDeerBrain@gmail.com