PLEASE READ THESE TERMS AND CONDITIONS OF USE, LEGAL DISCLAIMER, AND PRIVACY STATEMENT CAREFULLY BEFORE COMPLETING THIS SURVEY OR USING THIS WEBSITE
TERMS AND CONDITIONS OF USE
As used in these Terms and Conditions of Use (“Terms”), Legal Disclaimer, and Privacy Statement, the term “BrainFutures” will mean and include BrainFutures, its subsidiaries and affiliates and all of their officers, directors, staff, and all consultants associated with the development and maintenance of BrainFuture’s content and any of its websites. “Content” shall mean the information provided or uploaded to BrainFutures through any of its websites.
In using BrainFuture’s website, you have agreed to these Terms, Legal Disclaimer, and Privacy Statement. You may not use the website if you do not accept the Terms. You can accept the Terms by (1) clicking to accept or agree to the Terms, or (2) by using the website. You understand and agree that Brainfutures will treat your use of the website as acceptance of the Terms, and your acceptance of our Legal Disclaimer and Privacy Statement from that point onwards. You may not use the website and may not accept the Terms if you are not of legal age to form a binding contract with BrainFutures, or you are a person barred from using the Website under the laws of the United States or other countries including the country in which you are resident or from which you use the Website.
BrainFutures may revise and update these Terms at any time. Your use of the Website will mean you accept all such changes.
If you violate any of the Terms to which you have affirmed and agreed, you will indemnify, defend, and hold harmless BrainFutures, officers, directors, employees, volunteers, agents, licensors, and suppliers from any claim, demand, losses, expenses, damages and costs, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your violation of law or the rights of any third party, or any activity related to your Internet account (including negligent and wrongful conduct).
If you have a dispute with any other user or visitor to this Website, you release BrainFutures from claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We are also committed to protecting the privacy of children. You should be aware that this Website is not intended or designed to attract children under the age of 18. We do not collect information from any person if we actually know that person is a child under the age of 18.
Use Of Content
Unless you have been specifically permitted to do so in a separate written agreement with BrainFutures, you agree that you will not reproduce, duplicate, copy, sell, trade or resell any material on the Website for any purpose. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with the Website or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
You agree not to access or attempt to access any part of the Website by any means other than through the interface that is provided by BrainFutures, unless you have been specifically allowed to do so in a separate written agreement with BrainFutures. You specifically agree not to access or attempt to access any part of the Website through any automated means, including use of scripts, web robots, web spiders, or web crawlers. You agree that you will not engage in any activity that interferes with or disrupts the Website, or the servers and networks that are connected to the Website.
Except as authorized in these Terms, you are not being granted a license under any copyright, trademark, service mark, patent, or other intellectual property right in the data or the services, processes, or technology described or contained on this Website. All such rights are retained by BrainFutures.
BrainFutures may provide links to certain third-party websites. BrainFutures does not necessarily recommend or endorse the content on any third-party websites. BrainFutures is not responsible for the content of linked third-party websites, websites framed within BrainFutures Website, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. BrainFutures does not endorse any product advertised on the Website.
You may not create framed links to the Website without express permission from BrainFutures.
Tradenames, Trademarks, Servicemarks, etc.
The names and logos of BrainFutures and all related service names, designs, marks, and slogans are the trademarks and/or servicemarks of BrainFutures respectively and/or collectively. You are not authorized to use any such names, logos, designs, marks, or slogans in any advertising, publicity, or in any other commercial manner without the prior written consent of BrainFutures. Requests for authorization should be submitted to Info@brainfutures.org.
License to BrainFutures
All data submitted to BrainFutures shall be deemed and remain the property of BrainFutures, which shall be free to use such data and information for the purposes stated herein or for marketing purposes. You grant BrainFutures and all other persons or entities involved in its operation or the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website.
DISCLAIMER OF LIABILITY
THE USE OF THE WEBSITE AND THE CONTENT IS AT YOUR OWN RISK. WHEN USING THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF BRAINFUTURES. ACCORDINGLY, BRAINFUTURES ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE. THIS WEBSITE, THE CONTENT AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
BRAINFUTURES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, FITNESS FOR PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. BRAINFUTURES DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRAINFUTURES DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
BRAINFUTURES CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION YOU SUBMIT, OR YOUR OR THIRD PARTIES’ USE OR MISUSE OF INFORMATION TRANSMITTED OR RECEIVED USING BRAINFUTURES TOOLS AND SERVICES. IN NO EVENT SHALL BRAINFUTURES OR ANY THIRD PARTIES MENTIONED ON BRAINFUTURES WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY OR WRONGFUL DEATH, LIBEL, SLANDER, DEFAMATION, PRIVACY VIOLATIONS, LOST PROFITS, UNFAIR COMPETITION, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE BRAINFUTURES WEBSITE OR THE CONTENT, OR FROM THE CONTENT ITSELF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRAINFUTURES OR ANY THIRD PARTIES MENTIONED ON BRAINFUTURES WEBSITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT BRAINFUTURES IS NOT AND WILL NOT BE LIABLE FOR ANY INJURY OR DAMAGES, AS LISTED HEREIN, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR DEATH, CAUSED BY THE USE OR MISUSE OF THE WEBSITE, CONTENT, OR PUBLIC AREAS BY YOURSELF OR ANY OTHER PERSON AND YOU AGREE TO FILE NO CLAIMS OR CAUSES OF ACTION FOR DAMAGES OR INJUNCTIVE RELIEF AGAINST BRAINFUTURES.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.
Law and Jurisdiction
You expressly agree that exclusive personal jurisdiction for any dispute with BrainFutures or in any way relating to your use of BrainFutures Website, resides exclusively in the courts of the State of Maryland and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Maryland in connection with any such dispute, including any claim involving BrainFutures or any employees, contractors, telecommunication providers, and content providers.
These Terms, Legal Disclaimer, and Privacy Statement are governed by the internal substantive laws of the State of Maryland, without respect to its conflict of laws principles.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND BRAINFUTURES ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND BRAINFUTURES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY LAWSUIT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ACTIONS ARE WAIVED AND NOT PERMITTED.
If any provision of these Terms, Legal Disclaimer, and Privacy Statement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, Legal Disclaimer, and Privacy Statement, which shall remain in full force and effect. No waiver of any of these Terms, Legal Disclaimer, and Privacy Statement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Except as expressly provided in a particular “legal notice” on BrainFutures’s Website, these Terms, Legal Disclaimer, and Privacy Statement constitute the entire agreement between you and BrainFutures with respect to the use of BrainFutures Website or completion of the Survey.
CONTACT US: Thank you for your cooperation. We hope you find BrainFutures Website helpful and convenient to use! Questions or comments regarding BrainFutures website, including any reports of non-functioning links, should be directed by electronic mail to Info@brainfutures.org.