Welcome to Brain Power Boy found at https://brainpowerboy.com and the shop at https://shop.brainpowerboy.com which is a subsidiary of Small Kindnesses LLC.
Brain Power Boy is United States based website aimed at United States based readers. Homeschooling laws, taxes, currencies, rules and regulations and so forth are different in America than they are in other countries.
Please read this page carefully before using this Site. By accessing or using this Site in any way, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these “Terms”), including but not limited to conducting this transaction electronically, and disclaimers and a choice of Wisconsin law.
These Terms are effective as of May 22, 2018
Copyright & Content Statement
All contents of this Site are copyrighted. All rights reserved. This Site contains copyrighted material, service marks, logos, and other proprietary content, including but not limited to text, excepts from a book, photographs, buttons, images, video and graphics, and the entire selection, coordination, arrangement and “look and feel” of this Site and the content are copyrighted as a collective work under United States copyright laws (collectively, the “Content”).
Except as provided in these Terms, you may not use, modify, republish, frame, license, transfer, post, transmit, create derivative works from, or otherwise exploit any Content from this Site, in whole or in part, without the express permission of Brain Power Boy and Small Kindnesses LLC.
Reproduction, distribution, republication, and/or retransmission of material contained within this website is prohibited without prior written consent of Brain Power Boy and Small Kindnesses LLC.
Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of our intellectual property rights.
Information You Submit Online
We suggest, as good practice, you always use caution when posting personally identifying information on the Internet.
But, please, just don’t share things like that. Seriously, it is your responsibility to keep yourself and your data safe.
Here is the information we collect, why we collect it and what others may collect from our site based on our relationship with them.
You can opt out of some of the data collection through the links provided. We encourage you to check back to this page for any updates on a regular basis as this policy is subject to change at any time.
We use data to:
- to identify patterns that we can use in our marketing strategy and to help us develop, administer, support and improve our services and features and advertisement;
- conduct reviews that assist us in the improvement and optimization of our Site;
- ensure that content from our Site is presented in the most effective manner for you and for your computer;
- administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; and
- as part of our efforts to keep our Site safe and secure
What We Collect
Comments on our Site
We are happy to receive your comments and we love to hear what you have to say and interact with you. Please know that comments are public and can be seen by anyone visiting this site.
When you post comments you are voluntarily providing information. Use discretion when posting comments to this site as we have no control over how others may use the information you provide here.
Do not share personally identifying information that you do not want other people to have access to.
When posting a comment we collect your IP, name and email address. Your email address will not be shown in the comment area. This may be used to address you by name or to contact you via email if you have a specific question and ask us to respond via email. Your IP is collected for security purposes and to prevent spam.
By coming to the website information is automatically collected and logged. This information may include your IP address, browser type, operating system type, date, time and length of visit, pages you visit on our site, referring website, data searches you perform or links clicked. We also collect demographic data such as gender, age and interests.
All of this is used to make the site better, to allow me to see which posts are most popular, and to generally see how the site is doing so that I can make this website useful and beneficial to you — the big website language term for this is analytics.
This data is not solely based on you personally but is a collection of data from all who visit the site. It is collected in an anonymized manner. For example, your IP address is not collected in whole (because I opted not to do that) but with the numbers at the end cut off so that you, personally, cannot be identified. We do not know which information is about you nor do we try in any way to figure that out.
You can opt out of Google Analytics if you would like to do so.
In order to protect our website we use website security. This security logs IP addresses. We need this information in order to protect our site from possible risks or attacks.
This data is logged by a third party product and is stored in logs at our hosting company, Knownhost.
We also keep backups of our website and logs for use in case there are errors, both of which are stored on my servers through my host. We need this information in order to keep our website up and running.
If you fill out our contact form you will need to leave your name, email address and the message you wish to send.
I collect this data so I know who you are, how to get back to you via email and to read your message and be able to respond. This data is deleted upon completion of our interaction, unless I need this data for legitimate purposes.
There are times I need to store this data to follow-up with you or if I should need it for future legal or tax purposes.
If you voluntarily sign up for (opt-in to) our e-mail newsletter, which is not required to use this site, or other email or marketing offers such as items from our shop, classes, ebooks and other products, including affiliate offers, we will collect your personal information such as your name, email address, IP address and email preferences you set.
We do this so we can send you the information you signed up for.
If you want to unsubscribe from our e-mails at any time, you can do so at the bottom of each item sent to you from Brain Power Boy. Simply click the unsubscribe button and you will automatically be removed from our list.
I use double opt-in which sends an email to subscribers who sign up for my communications which requires you to click a confirmation link which lets us know that you did indeed sign up and would like to get information from me.
Mailchimp tracks with a pixel who opens and does not open the email, the date/time it is opened and what links are clicked. I use information from an aggregated report to see which posts everyone who opened liked so I can provide you with similar content, and in order to remove people who are not opening my emails from my list.
We also keep data on who has subscribed and unsubscribed so we send information to those who want to receive it and make sure that we do not send it to those who have unsubscribed.
I have opted out of Mailchimp Data Science Projects program which collects data and tracks subscriber details to improve their marketing service as I didn’t want your data being used in that way.
I currently use MailChimp as my email provider and all data is kept, collected and stored by them. This is subject to change at any time.
Upon Sale of Website
If we were to sell this site we would share your information with a prospective seller or buyer of such business or assets in a business transfer.
All information this site collects and has collected would be turned over to the new owner or other third parties who purchase all of or part of this business.
As Required By Law
If there were some sort of issue where we were told to disclose your information when we believe, in good faith, it is required by law, to protect our legal rights, properties, other users or me!, we would need to do so.
This is used for a variety of purposes including serving you ads, customizing your website content based on your browser or your device etc., tracking my affiliate links. See also Google Analytics, Affiliate Links and Sponsored Posts.
You can turn off cookies through your own browser. You can use my site without cookies but it may not work as designed.
As I am sure you are aware, there are a lot of ads on the Internet and the providers of those ads collect information when you visit websites.
Basically, Google Ads and their partners, or other third party ad providers may drop a cookie on an end user’s browser—that is why you see ads for something you searched for on the Internet when you are browsing different sites and it allows the providers to vary the ads you see.
Data surrounding ads is stored in their databases and not on my website. You may opt out of the use of DoubleClick cookie for interest-based advertising by visiting the ads preference manager. You also can visit Google Privacy and Terms and Network Advertising Initiative for more information on ads.
We use affiliate links on this site. This means that if you make a purchase through the link of a product we recommend, we may, if you make the purchase in a specified timeframe, get a small commission on that sale at no cost to you. See our Disclosure policy.
I am a participant in the following affiliate programs: Amazon, Share-a-Sale, and Awin. This is subject to change at any time and I may add or delete merchants without notice.
I provide resources, and products that I think are great for boys. You choose if you want to purchase them or not. If you click a link the merchant will add a cookie to your browser to track the link from my site to their site to ensure I get paid for the transaction (should a payment occur – see above.)
Using my affiliate links is one of the ways I make money so I can keep this site up and provide content to my readers.
Data is stored by the merchants and not on my website.
Outside Links and Downloads
Some of those links include trackable cookies (see Cookies) We do not write/author, edit or monitor those sites and we cannot be held responsible or liable for the content there and what happens when you visit outside links and/or download something from their sites.
We are not, by linking, implying endorsement of the linked site by Brain Power Boy or Small Kindnesses LLC. Nor are we liable for the third party content, any loss or damage whatsoever you may incur from dealing with any linked site or your dealings with third parties found on and through our site; payment for and delivery of goods if any, or any terms, conditions, warranties, or representations associated with such dealings.
You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with third parties found on or through this Site.
We provide downloads on this site and through our shop. If you download something, we suggest you always scan all downloads with security software before using them. We are not liable for any loss or damage whatsoever you may incur from downloading items from our shop or our site.
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other such as, but not limited to websites such as You Tube, Facebook, Pinterest, behaves in the exact same way as if the visitor has visited the other website.
All of that information is collected by them and not stored on this website. I do not have access to that information in any way.
On occasion I work with companies to bring your awareness to products or services they offer. They sometimes require a tracking code so they can see if people from this site visit their site or offer. This code puts a cookie in your browser which tracks to their website.
I always disclose if I am working with a sponsor so you will always know ahead of time. I am open and honest about how I make money on my site. (See also our disclosure policy)
Store and Payments
This website has a store and we sell products in it. If you use the store you will need to provide the appropriate information to complete a transaction. Makes sense, right?!
We have engaged third-party service providers to perform many of the services related to payment processing, including card processing, identity verification, fraud analysis and regulatory compliance.
We use Paypal as our payment processor. We will share information from store purchases (transational information) with Paypal and they store and process your payment information.
We do not control these third parties͛ tracking technologies or how they may be used. If you need more information on that please contact Paypal.
We need to collect and keep all information about store transactions for business, state tax and income tax purposes. After the time period for those purposes has passed we can delete your information if requested.
We also need your information to provide the products to you and to provide support for those products if needed. (See also Downloads above)
This website is not aimed at children. It is aimed at mothers, grandmothers, aunts, teachers, homeschoolers and other adults in the United States who want to provide activities for and help to boys.
Brain Power Boy is not aimed at children under 16 years of age. If you are under 16 years old, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any payments through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.
We are committed to complying with the Children͛s Online Privacy Protection Act (COPPA). Schools and parents should supervise their children’s online activities and consider the use of other means to provide a child-friendly, online environment. If you would like to learn more about COPPA, visit the Federal Trade Commission home page at http://www.ftc.gov.
If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately (see contact information at bottom) and we will use our best efforts to promptly remove such information from our records.
Changes to Your Data
If you need to access your data, change it, opt-out or be removed you can contact me at sheila @ brainpowerboy .com and put in the subject line: “data request.”
You will need to provide proper identification in order for me to comply with your request. We can only remove specific information and will need to keep some information for our records for legal and tax purposes or when required by law.
See our disclosure policy for more information.
Brain Power Boy and Small Kindnesses LLC make no representation of any kind regarding this Site, content or any portion thereof, WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. SMALL KINDNESSES LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
Without prejudice to the generality of the foregoing paragraph, Small Kindnesses LLC does not warrant that this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.
Limits of Liability
Small Kindnesses LLC will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- [to the extent that the website is provided free-of-charge, for any direct loss;]
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Readers following instructions and suggestions made by Brain Power Boy and guest writers of this website are responsible for their own safety and the safety of all minors in their care.
All activities require adult supervision at all times. Children under 3 should not participate in any activities that involve small pieces.
The information contained on this Website and the resources available for download through this website are for informational purposes only.
The information contained on this Website and the resources available for download through this website are not intended as, and shall not be understood or construed as, professional advice.
IN NO EVENT SHALL SMALL KINDNESSES LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE, EVEN IF SMALL KINDNESSES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the generality of the foregoing, under no circumstances shall Small Kindnesses LLC or any other party involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if advised of the possibility of such damages) that result from (a) any delay, failure, interruption or corruption of this Site or any data or information transmitted in connection with the use of this Site; (b) personal injury or death caused by your use or misuse of this Site; (c) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from this Site; (d) unauthorized access to or alteration of your transmissions or data; and (e) any other matter relating to our Site. You hereby acknowledge that this paragraph shall apply to all content, products, and services available through this Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
Notwithstanding the above, Small Kindnesses LLC’s sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through this Site.
In accordance with the 1996 Communications and Decency Act, Section 230, we are also not liable for comments users of this website leave as comments. While we will certainly delete comments that don’t adhere to our personal standards, if someone makes a false claim about you, you have to sue them not us.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Use of this Site is governed by Wisconsin/United States law. Any claim related to the Site and any product purchased through this Site shall be brought in a federal or state court within one (1) year after the claim arises. Users of this Site consent to the jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this Site.
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
Small Kindnesses LLC may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your exclusive recourse is to immediately terminate use of this Site.
Small Kindnesses LLC also reserves the right to modify or terminate your access to the Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you.
Small Kindnesses LLC may also impose limits on certain features, services or all of this Site without notice or liability. You acknowledge and agree that Small Kindnesses LLC will not be liable to you or any third party in the event that Small Kindnesses LLC exercises its right to modify or terminate access to this Site or portions of this Site.
Price and availability information on this Site are subject to change without notice.