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Posit Science Brain Fitness

Will “Call of Duty” Be Assigned for 10th Grade (Gaming) Homework?

Author: 
Gary Stix
Publication: 
Scientific American
Published Date: 
News

Mar 07, 2013
+0
Posit Science Brain Fitness

Feasibility of computerized brain plasticity-based cognitive training after traumatic brain injury

Publication: 
Journal of Rehabilitation Research and Development
Lab/University: 
Department of Rehabilitation Medicine, Mount Sinai School of Medicine, New York, NY
Author: 
Matthew S. Lebowitz, AB;* Kristen Dams-O’Connor, PhD; Joshua B. Cantor, PhD
Summary: 

This study tested whether adults with a history of traumatic brain injury (TBI) could use a computer program designed to improve mental speed and attention. The program uses training exercises for the brain. The study showed that participants with TBI were able to use the program independently in their homes. Some participants reported fatigue when using the program, but the fatigue decreased over time. Some participants also reported that their mental functioning improved. The program studied may be a viable option for veterans with TBIs, but further research is necessary to find out whether the program actually improves mental speed and attention.

View Abstract >>

Feb 28, 2013
+0
Posit Science Brain Fitness

Can You Hear Me Now? Training the Brain to Hear Better

Author: 
Maia Szalavitz
Publication: 
Time Magazine
Published Date: 
News

Feb 13, 2013
+0
Posit Science Brain Fitness

Use It or Lose It: The Principles of Brain Plasticity

Author: 
Dr. Mercola
Publication: 
mercola.com
Published Date: 
News

Dec 09, 2012
+0
Posit Science Brain Fitness

Juggle Factor

Juggle Factor: Play Now!Intelligent decisions require the ability to call up, compare, and manipulate multiple pieces of information, often within a limited time. Juggle Factor challenges you to hold more information in your working memory while manipulating that information. This exercise will improve your ability to make rapid decisions and solve problems in complex environments.

In Juggle Factor, you are presented with a sequence of numbers that are placed within moving circles.Your task is to reconstruct the sequence in the right order and in the right locations.The number of items in the sequence grows as you improve at the task. As you progress through training, the moving object trajectories become more complex and the speed increases.

Screenshot: Juggle Factor

As you move through this intelligence exercise, it gets harder in these ways:

  1. The number of items to remember in the sequence increases
  2. The digit presentation order changes from forward to backward to random
  3. The object trajectories become more complex
  4. The object speed increases
  5. The addition of distracters

Master Juggle Factor to increase your ability to make rapid decision in complex environments.

Juggle Factor At-a-Glance

What you doWhat it improvesHow the exercise changesHow you're scored
Reconstruct a sequence of numbers in the correct locations
Intelligence
  • Object trajectories
  • Object speed
Your score is the sequence length.

Dec 05, 2012
+0
Posit Science Brain Fitness

Card Shark

Card Shark: Play Now!There are many different ways to be "intelligent." What all types of intelligence have in common, though, is the ability to call up, compare, and manipulate multiple pieces of information very quickly, all at the same time. We are confronted daily with problem solving and decision making situations. For example, in a supermarket you compare multiple varieties of a product and mentally calculate which one is the best value. On the way home you decide if there is enough gas to last the day or if you should go to the gas station directly.

Screenshot: Card SharkIn Card Shark, you will be presented with playing cards that are added one at a time to a sequence. Once presented, the card is turned over. Your task is to decide if the current card matches the card presented a specific number of steps back in the sequence.  For example, in the first level, you will decide if the current card matches the one presented just before it. In later levels, you will decide if the current card matches one presented further back in the sequence.

As you move through this intelligence exercise, it gets harder in these ways:

  1. The number of items to remember in the sequence increases
  2. The information to remember for each item changes (suit, number, both)
  3. The cards are presented for less time

Master Card Shark challenges your brain to retain, compare, and work with more visual information.

Card Shark At-a-Glance

What you doWhat it improvesHow the exercise changesHow you're scored
Remember sequences of visual informationIntelligence
  • The number of cards in the sequence to remember
  • Card details (suit, number, both)
  • Card presentation time
Your score is the percentage of comparisons you get right.

Dec 05, 2012
+0
Posit Science Brain Fitness

Auditory Ace

Auditory Ace: Play Now!The ability to retain auditory information in our working memory while simultaneously working on that information is vital for many problem-solving tasks. For example, if you are driving and stop for directions, you need to store the information and match the directions to street markings and landmarks. When you are in a meeting you need to remember what has been said and manipulate that information to make novel decisions.

Screenshot: Auditory AceIn Auditory Ace you will be presented with auditory information about playing cards. The information is presented one card at a time. Your task is to decide if the current card information matches the card information presented a specific number of steps back in the sequence.For example, in the first level you will decide if the current card information matches the card information presented just before it. In later levels you will decide if the current card information matches the information presented further back in the sequence.

As you move through the exercise, it gets harder in these ways:

  1. The number of items to remember in the sequence increases
  2. The information to remember for each item changes (suit, number, both)
  3. The card information is presented faster

Auditory Ace challenges your brain to retain, compare, and work with more auditory information.

Auditory Ace At-a-Glance

What you doWhat it improvesHow the exercise changesHow you're scored
Remember sequences of auditory information
Intelligence
  • The number of cards in the sequence to remember
  • Card details (suit, number, both)
  • Card presentation time
Your score is the percentage of comparisons you get right.

Dec 05, 2012
+0
Posit Science Brain Fitness

Brain Speed Exercises

When it comes to brain speed, every millisecond counts. How quickly your brain can process events around you determines how effectively you can react to and remember those events. Find out how our Brain Speed exercises can have you operating at top speed. Click an exercise below to learn about it.

  • Eye for Detail
  • Fine Tuning
  • Peripheral Challenge
  • Sound Sweeps
  • Visual Sweeps

Dec 05, 2012
+0
Posit Science Brain Fitness

Attention Exercises

Does it drive you crazy when you can’t remember where you put your keys? You probably weren’t paying much attention when you set them down. Each of our Attention exercises helps retrain the brain to focus its attention, so you feel more aware and less distracted. Click an exercise below to learn about it.

  • Divided Attention
  • Double Decision
  • Mixed Signals
  • Target Tracker

Dec 05, 2012
+0
Posit Science Brain Fitness

Auditory Ace

Auditory Ace: Play Now!The ability to retain auditory information in our working memory while simultaneously working on that information is vital for many problem-solving tasks. For example, if you are driving and stop for directions, you need to store the information and match the directions to street markings and landmarks. When you are in a meeting you need to remember what has been said and manipulate that information to make novel decisions.

Screenshot: Auditory AceIn Auditory Ace you will be presented with auditory information about playing cards. The information is presented one card at a time. Your task is to decide if the current card information matches the card information presented a specific number of steps back in the sequence.For example, in the first level you will decide if the current card information matches the card information presented just before it. In later levels you will decide if the current card information matches the information presented further back in the sequence.

As you move through the exercise, it gets harder in these ways:

  1. The number of items to remember in the sequence increases
  2. The information to remember for each item changes (suit, number, both)
  3. The card information is presented faster

Auditory Ace challenges your brain to retain, compare, and work with more auditory information.

Auditory Ace At-a-Glance

What you doWhat it improvesHow the exercise changesHow you're scored
Remember sequences of auditory information
Intelligence
  • The number of cards in the sequence to remember
  • Card details (suit, number, both)
  • Card presentation time
Your score is the percentage of comparisons you get right.

Dec 05, 2012
+0
Posit Science Brain Fitness

People Skills Exercises

It can be hard to remember names and faces, to participate in conversations in loud places, to read people’s emotions effectively. But all these types of skills are real benefits when dealing with others—whether you’re at a party or meeting new clients. Try our People Skills exercises to increase your chances of success.

  • Face to Face
  • In the Know
  • Recognition
  • Face Facts

Dec 05, 2012
+0
Posit Science Brain Fitness

Card Shark

Card Shark: Play Now!There are many different ways to be "intelligent." What all types of intelligence have in common, though, is the ability to call up, compare, and manipulate multiple pieces of information very quickly, all at the same time. We are confronted daily with problem solving and decision making situations. For example, in a supermarket you compare multiple varieties of a product and mentally calculate which one is the best value. On the way home you decide if there is enough gas to last the day or if you should go to the gas station directly.

Screenshot: Card SharkIn Card Shark, you will be presented with playing cards that are added one at a time to a sequence. Once presented, the card is turned over. Your task is to decide if the current card matches the card presented a specific number of steps back in the sequence.  For example, in the first level, you will decide if the current card matches the one presented just before it. In later levels, you will decide if the current card matches one presented further back in the sequence.

As you move through the exercise, it gets harder in these ways:

  1. The number of items to remember in the sequence increases
  2. The information to remember for each item changes (suit, number, both)
  3. The cards are presented for less time

Master Card Shark challenges your brain to retain, compare, and work with more visual information.

Card Shark At-a-Glance

What you doWhat it improvesHow the exercise changesHow you're scored
Remember sequences of visual informationIntelligence
  • The number of cards in the sequence to remember
  • Card details (suit, number, both)
  • Card presentation time
Your score is the percentage of comparisons you get right.

Dec 05, 2012
+0
Posit Science Brain Fitness

Memory Exercises

Memories are made up of what you sense. When memory fails, it’s not because you forgot how to remember—it’s because your brain isn’t processing information very clearly. Our Memory exercises sharpen the brain’s ability to record what you see and hear so that you can create a crystal-clear memory that’s easy to recall. Click a brain exercise below to learn about it.

  • Memory Grid
  • To-Do List Training
  • Syllable Stacks

Dec 05, 2012
+0
Posit Science Brain Fitness

Intelligence Exercises

With age, most people get wiser—but certain types of complex thinking get harder. When you have to manipulate multiple pieces of information quickly, you can get slower and more frustrated. With our Intelligence exercises, you can improve that skill to feel at the top of your game.

  • Card Shark
  • Auditory Ace
  • Juggle Factor

Dec 05, 2012
+0
Posit Science Brain Fitness

Juggle Factor

Juggle Factor: Play Now!Intelligent decisions require the ability to call up, compare, and manipulate multiple pieces of information, often within a limited time. Juggle Factor challenges you to hold more information in your working memory while manipulating that information. This exercise will improve your ability to make rapid decisions and solve problems in complex environments.

In Juggle Factor, you are presented with a sequence of numbers that are placed within moving circles.Your task is to reconstruct the sequence in the right order and in the right locations.The number of items in the sequence grows as you improve at the task. As you progress through training, the moving object trajectories become more complex and the speed increases.

Screenshot: Juggle Factor

As you move through the exercise, it gets harder in these ways:

  1. The number of items to remember in the sequence increases
  2. The digit presentation order changes from forward to backward to random
  3. The object trajectories become more complex
  4. The object speed increases

Master Juggle Factor to increase your ability to make rapid decision in complex environments.

Juggle Factor At-a-Glance

What you doWhat it improvesHow the exercise changesHow you're scored
Reconstruct a sequence of numbers in the correct locations
Intelligence
  • Object trajectories
  • Object speed
Your score is the sequence length.

Dec 05, 2012
+0
Posit Science Brain Fitness

Brain Odyssey

BrainHQ, the new brain training program from Posit Science, has replaced Brain Odyssey. You'll find the Brain Odyssey exercises and many more in BrainHQ.

Launch BrainHQ now.

Learn more about BrainHQ.

If you received a Brain Odyssey CD as a gift for a pledge to PBS please fill out the form below to contact our customer service department. They can provide full access to BrainHQ.

Nov 27, 2012
+0
Posit Science Brain Fitness

BrainHQ iPad Support

For BrainHQ customer support:

  • Visit the Community Support site
  • Send a support request

For customer support for Drivesharp, the original Brain Fitness Program, InSight, and the Total Training Package:

Please fill out the form below. We will respond to your request within one business day.

To order our products:

  • Subscribe to BrainHQ
  • Order the original Brain Fitness Program, InSight, the Total Training Package, or Drivesharp.

To discuss partnership opportunities:

  • Contact our sales team at 1-800-291-2826 or send them an email.

To join our mailing list:

  • Sign up for Brain Fitness News, our monthly e-newsletter.

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Nov 02, 2012
+0
Posit Science Brain Fitness

Cleveland Browns tight end Ben Watson using computer program to sharpen his mind

Author: 
Jodie Valade
Publication: 
The Plain Dealer
Published Date: 
News

Oct 08, 2012
+0
Posit Science Brain Fitness

Terms & Conditions: Group

This BrainHQ Reseller Agreement (“Agreement”) is between Posit Science Corporation (“Posit Science”) and you (“you” or “Reseller”) and sets forth the terms and conditions under which you may resell to end users licenses to access and use the paid features of the BrainHQ online exercises and services offered by Posit Science (collectively, the “Offerings”).

[BY CLICKING THE ACCEPT BUTTON, YOU AGREE TO BE BOUND BY THIS AGREEMENT.  YOU MAY NOT ACCEPT THIS AGREEMENT, IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH POSIT SCIENCE.  IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR ENTITY TO THESE TERMS, IN WHICH CASE “YOU” OR “RESELLER” SHALL REFER TO SUCH ENTITY.] [Note to draft: This language should accompany the checkbox or button that the user needs to click on to accept the agreement.]

  1. Accounts.  In order to resell licenses to the Offerings, you must register for an account (“Reseller Account”) on the Posit Science site at [insert URL] (“Site”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. Posit Science may suspend your Reseller Account at any time without notice if we believe that you are in breach of this Agreement. You are responsible for maintaining the confidentiality of your Reseller Account login information and are fully responsible for all activities that occur under your Reseller Account.  You agree to immediately notify Posit Science of any unauthorized use, or suspected unauthorized use, of your Reseller Account or any other breach of security.  Posit Science cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
  2. Orders.  You may place orders with Posit Science for Subscription Licenses by using the order placement process provided on the Site.  All orders will be subject to acceptance by Posit Science in its sole discretion.  Posit Science will notify you of acceptance of an order by email to the address specified in your Reseller Account or through such other means as specified on the Site. If Posit Science accepts the order, then Posit Science will provide you instructions on how to activate the Subscription Licenses through the Site and associate them with particular End Users.  The terms of this Agreement will govern all such orders submitted by you to Posit Science; no additional or inconsistent term or condition in any such order will have any legal effect. “Subscription License” means a nonexclusive, limited right for an end user to access and use the Offerings on a subscription basis, subject to the BrainHQ Terms and Conditions [insert URL] and any other terms and conditions governing the use of the Offerings.
  3. Fees and Payment
    1. Fees and Subscription Renewals.  For each order of Offerings accepted by Posit Science under this Agreement, Reseller will pay Posit Science the fees set forth in Posit Science’s then-current price list as specified on the Site. The fees paid for the initial order that is placed and accepted will cover the first subscription period of the applicable Subscription Licenses (the “Master Subscription Period”).  At the end of the then-current Master Subscription Period, each Subscription Licenses will be automatically renewed, unless you notify Posit Science at least thirty (30) days prior to the end of the then-current Master Subscription Period of nonrenewal of that Subscription Licenses.  At any time during a Master Subscription Period, you may also order additional Subscription Licenses. The initial subscription periods for those additional Subscription Licenses will terminate at the end of the then-current Master Subscription Period, and will then renew for the full succeeding Master Subscription Period, in accordance with this Agreement. Any fees for subscription periods that are shorter than the Master Subscription Period will be prorated. Posit Science reserves the right to change prices at any time upon thirty (30) days prior written notice to you, provided that any change for a Subscription License already purchased will not apply until the next Master Subscription Period. Reseller will have sole discretion to determine the pricing charged to End Users.
    2. Payments. Fees for accepted orders to be paid by credit card are due immediately upon order placement. Automatic renewal fees will be due on the first day of the applicable Master Subscription Period. Posit Science will bill the credit card provided for all applicable fees when due. You hereby authorize Posit Science to bill your credit card or other payment method as described in this Section. For all other accepted orders, Posit Science will invoice you for all orders and associated renewals. You will pay to Posit Science each such invoice within thirty (30) days of the date of such invoice, provided that the initial Master Subscription Period will not begin until all applicable payments have been made. Any amount that is not paid when due will accrue a late fee calculated at a rate of eighteen percent (18%) per year or the maximum rate permitted by applicable law, whichever is less, from the due date until paid.  All payments must be made in U.S. dollars and are nonrefundable. If credit card authorizations or charge attempts are declined or payment is not otherwise made when due, Posit Science may decline to provide the Subscription Licenses at issue or terminate them effective immediately upon written notice to you, as applicable.
  4. End User Relationship
    1. End User Terms.  Reseller will inform all end users of the Offerings who purchase or receive Subscription Licenses from Reseller (“End Users”) prior to such purchase or receipt that the use of the Offerings is subject to separate terms and conditions that must be entered into directly between Posit Science and such End User, and that by using the Offerings the End User agrees to be bound by and comply with such terms and conditions.  Reseller will not make or publish any representations, warranties, or guarantees concerning the Offerings, other than those expressly permitted as set forth on the Site at [insert URL]. Reseller will defend (at Posit Science’s option), indemnify and hold Posit Science harmless from and against any claims, actions, liabilities, losses, injuries, damages, costs, or expenses (including reasonable attorneys’ fees) brought by third parties that arise from or relate to any such representations, warranties, or guarantees.
    2. End User Support.  Reseller will be: (a) solely responsible for providing End Users customer support services for inquiries that relate to (i) the purchase of the Subscription Licenses, (ii) End Users’ computing systems and software (e.g., resetting the browser cache), or (iii) End Users’ access to the Internet; and (b) responsible for providing End Users first-level support for all other inquiries. Posit Science will have the right to refer to Reseller any such inquiries described in (a) that are made of Posit Science by End Users. Posit Science will provide second-level support services to Reseller in accordance with the terms of the support level option selected by Reseller during the registration process. Such services will consist solely of answering inquiries regarding the features of the Offerings, usage of the Offerings, and technical requirements for using the Offerings. Posit Science will have no obligation to provide any other support or maintenance to Reseller. Posit Science reserves the right, but will have no obligation, to provide support or maintenance directly to Reseller’s End Users.
    3. End User Marketing.  Posit Science agrees to flag End Users who purchase Subscription Licenses from Reseller as “do not market” in the Posit Science database as long as such End Users hold valid Subscription Licenses, provided that Posit Science may continue to send such End Users administrative and general marketing communications, such as password reset emails and the Posit Science newsletter.  
  5. Proprietary Rights
    1. License.  Subject to the terms and conditions of this Agreement, Posit Science grants to Reseller a non-exclusive, non-transferable (except as permitted under Section11(General)), revocable license to directly resell Subscription Licenses to the Offerings solely to End Users in the territory designated by Posit Science (“Territory”) when you register for a Reseller Account.
    2. Restrictions.  Reseller agrees not to, and agrees not to allow any third party to: (a) reproduce, modify, adapt, alter, translate, or create derivative works from the Offerings; (b) distribute, sublicense, sell, lease, rent, loan, make available, or otherwise transfer the Offerings to any third party, except as expressly permitted in Section5.1(License); (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Offerings; or (d) sell, lease, rent, loan, or otherwise transfer any Subscription License, in whole or in part, to any third party except as expressly permitted in Sections5.1(License) or5.3(Subscription License Transfer).
    3. Subscription License Transfers.  Reseller may transfer, and permit the transfer of, any valid Subscription License from one End User to another End User, provided that: (a) any such Subscription License may only be held by one End User at any given time; and (b) Reseller notifies Posit Science of such transfer in accordance with the then-current transfer procedure specified by Posit Science.
    4. Trademark and Collateral License.  Subject to the terms and conditions of this Agreement, Posit Science grants to Reseller a non-exclusive, non-transferable (except as permitted under Section 11 (General)), revocable license (without the right to grant sublicenses) to: (a) use and display the trademarks, service marks, and logos provided to Reseller by Posit Science (collectively, the “Marks”) solely in connection with promoting the Offerings in the Territory; and (b) use, reproduce, and distribute the publicly available content on www.positscience.com regarding the Offerings (“Collateral”) solely in connection with promoting the Offerings in the Territory. Reseller will not modify, edit, or translate the Collateral in any way, except as permitted by Posit Science in writing. Reseller will provide Posit Science with a sample of each proposed use of Marks and/or Collateral upon request. Reseller will use the Marks in the form provided and in conformance with any trademark usage policies provided, from time to time, by Posit Science to Reseller.  Reseller acknowledges Posit Science’s exclusive ownership of the Marks and Collateral. Reseller agrees not to take any action inconsistent with such ownership and will cooperate, at Posit Science’s request and expense, in any action which Posit Science deems necessary or desirable to establish or preserve Posit Science’s exclusive rights in and to the Marks. Upon request, Reseller will immediately cease all use and display of the Marks and use, reproduction, and distribution of the Collateral.
    5. Ownership of Offerings.  The Offerings, and all worldwide intellectual property rights therein, are the exclusive property of Posit Science and its suppliers.  There are no implied licenses granted hereunder, and all rights in and to the Offerings not expressly granted to Reseller in this Agreement are reserved by Posit Science and its suppliers.
    6. End User Analytics.  Posit Science may offer Reseller access to certain analytics regarding the use of the Offerings by End Users and such End Users’ performance in connection with the Offerings (collectively, the “End User Analytics”). The End User Analytics will be deemed the Confidential Information of Posit Science, unless otherwise agreed by the parties in writing.
    7. Privacy.  Posit Science may disclose to Reseller certain personally identifiable information of End Users (“PII”), including in connection with the End User Analytics.  Reseller will only use any PII disclosed to Reseller as authorized in writing by Posit Science and, notwithstanding anything to the contrary in Section 6(Confidentiality), will not disclose PII to any third party, except to the extent required by applicable law or a court order or with the express, informed consent of the applicable End User. Reseller will protect all such PII from unauthorized use, disclosure, or access.
  6. Confidentiality.  Reseller agrees to hold Posit Science’s Confidential Information in strict confidence and to refrain from any disclosure, use or publication of such Confidential Information, except as expressly authorized in writing by Posit Science, during the term of this Agreement and thereafter.  “Confidential Information” means any and all information related to Posit Science’s business that is labeled or identified as “confidential” or “proprietary” or that Reseller otherwise knows, or would reasonably be expected to know, Posit Science considers to be confidential or proprietary.  Reseller’s obligations set forth in this Section 6shall not apply with respect to any portion of the Confidential Information that: (a) was in the public domain at the time it was communicated to Reseller by Posit Science; (b) entered the public domain through no fault of Reseller, subsequent to the time it was communicated to Reseller by Posit Science; (c) was in Reseller’s possession free of any obligation of confidence at the time it was communicated to Reseller by Posit Science; (d) was rightfully communicated to Reseller free of any obligation of confidence subsequent to the time it was communicated to Reseller by Posit Science; or (e) was developed by employees or agents of Reseller independently of and without reference to any information communicated to Reseller by Posit Science.  Reseller may disclose Posit Science’s Confidential Information in response to a valid order by a court or other governmental body, or as otherwise required by law, after having given Posit Science sufficient prior notice to permit Posit Science a reasonable opportunity to lodge objections to such disclosure.  As between Posit Science and Reseller, all Confidential Information furnished to Reseller by Posit Science is the sole and exclusive property of Posit Science.  Upon request by Posit Science, Reseller agrees to (i) promptly deliver to Posit Science, or destroy, at Posit Science’s option, the original and any copies of the Confidential Information and (ii) permanently erase all electronic copies of the Confidential Information.
  7. Term and Termination
    1. Term.  The term of this Agreement will begin on the Effective Date and will continue until terminated pursuant to Sections 7.2 (Termination) or 10 (Amendment).
    2. Termination.  Either party may terminate this Agreement for any reason or no reason upon sixty (60) days prior written notice. Either party may terminate this Agreement, effective immediately upon written notice to the other party, if such other party breaches any provision of this Agreement and does not cure the breach within thirty (30) days after receiving written notice thereof from the non-breaching party.
    3. Effects of Termination.  Upon termination or expiration of this Agreement for any reason, any amounts owed to Posit Science under this Agreement before such termination or expiration will be immediately due and payable, all licensed rights granted in this Agreement will immediately cease to exist, and Reseller must promptly discontinue all further use of the Marks and Collateral and all further marketing and resale of the Subscription Licenses.  Notwithstanding anything to the contrary, all Subscription Licenses granted to End Users will survive until the expiration of the then-current Master Subscription Period. Sections 3.2 (Payments) (to the extent any payment obligations have accrued), 4 (End User Relationship) (only with respect to the indemnification and defense obligations) 5.2 (License Restrictions), 5.5 (Ownership of Offerings), 5.7 (Privacy), 6 (Confidentiality), 7.3 (Effects of Termination), 8 (Warranty Disclaimer), 9 (Limitation of Liability), 10 (Amendment) and 11 (General) will survive expiration or termination of this Agreement for any reason.
  8. Warranty Disclaimer.  POSIT SCIENCE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE OFFERINGS AND COLLATERAL, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  RESELLER ACKNOWLEDGES THAT NO WARRANTIES ARE MADE BY ANY OF POSIT SCIENCE’S SUPPLIERS.
  9. Limitation of Liability.  IN NO EVENT WILL POSIT SCIENCE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA AND LOST PROFITS, ARISING FROM OR RELATING TO THIS AGREEMENT, THE OFFERINGS, OR THE COLLATERAL, EVEN IF POSIT SCIENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  POSIT SCIENCE’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE OFFERINGS, AND THE COLLATERAL, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES PAID TO POSIT SCIENCE BY RESELLER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF THE FIRST CLAIM TO ARISE UNDER THIS AGREEMENT.  THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMITATION. Reseller acknowledges that the fees set forth in this Agreement reflect the allocation of risk set forth in this Agreement and that Posit Science would not enter into this Agreement without these limitations on its liability.  Reseller agrees that Posit Science’s suppliers will have no liability of any kind under or as a result of this Agreement.
  10. Amendment. This Agreement may be amended by Posit Science from time to time.  If we make material changes to this Agreement, we may notify you in accordance with the notice procedure set forth in Section 11 (General) below.  These changes will be effective thirty (30) calendar days following our dispatch of an e-mail notice to you. If you object to any change, your sole recourse shall be to immediately terminate this Agreement upon notice to Posit Science. Except as otherwise provided in this Section, no amendment to this Agreement will be valid.
  11. General.  This Agreement will be governed by the laws of the State of California without giving effect to any conflicts of laws principles that would require the application of the laws of a different jurisdiction.  Any action or proceeding arising from or relating to this Agreement may be brought in a federal court in the Northern District of California or in state court in San Francisco County, California, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. Reseller may not assign or transfer, by operation of law or otherwise, any of its rights under this Agreement or delegate any of its duties under this Agreement to any third party without Posit Science’s prior written consent.  Any attempted assignment or transfer in violation of the foregoing will be void. Posit Science may freely assign or transfer this Agreement, in whole or in part. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision in this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Reseller acknowledges that the Offerings contains valuable trade secrets and proprietary information of Posit Science, that any actual or threatened breach of Section 5.2 (Restrictions) or Section 6 (Confidentiality) will constitute immediate, irreparable harm to Posit Science for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.  Reseller will comply with all applicable export and import control laws and regulations in connection with the Offerings and this Agreement. Any delay in the performance of any duties or obligations of either party (except the payment of money owed) will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible. Reseller’s relationship to Posit Science is that of an independent contractor, and neither party is an agent or partner of the other.  Reseller will not have, and will not represent to any third party that it has, any authority to act on behalf of Posit Science. All notices to you under this Agreement will be delivered to your email address specified in your Reseller Account.  You are responsible at all times for updating your Reseller Account to provide to us your most current e-mail address.  If the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. All notices to Posit Science must be delivered to the address set forth below in Section 12 (Contact Information) by certified or registered mail (postage prepaid and return receipt requested), and will be effective upon receipt or three (3) business days after being deposited in the mail as required above, whichever occurs sooner. We may change our notice address by giving notice of the new address to you. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. This Agreement constitutes the entire agreement between you and Posit Science regarding the subject matter hereof. The Site may contain additional terms and conditions relating to the Subscription Licenses, which will be posted therein and are hereby made a part of this Agreement. In the event of any conflict or inconsistency between the terms and conditions contained herein and any such additional terms and conditions, the additional terms and conditions will control but solely with respect to the subject matter thereof.
  12. Contact Information.  If you have any questions about this Agreement, please contact us by e-mail at [email protected]  or by writing to us at Posit Science Corporation, 625 Market Street, 6th Floor, San Francisco, CA 94105, in each case marking the message “Attention: Reseller Agreement.”

Oct 05, 2012
+0
Posit Science Brain Fitness

Published Study Indicates Effectiveness of Brain Training for Chemobrain

Author: 
Posit Science Corporation
Publication: 
Yahoo Finance
Published Date: 
News

Oct 01, 2012
+0
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