Use of Information and Services.
The
information (including without limitation advice and recommendations)
and services
(e.g., Q&A e-mail service) on the site are intended solely as a
general educational aid and are neither medical nor health care
advice for any individual problem nor a substitute for medical
or other professional advice and services from a qualified health
care provider familiar with your unique facts. Always seek the advice
of
your physician or other qualified health care provider with any
questions you may have regarding a medical condition and prior to
starting any new treatment. Nothing contained in this site is intended
to be used for medical diagnosis or treatment. The information and
services are provided with the understanding that neither BrainPOP nor its suppliers or users are engaged in rendering legal,
medical, counseling or other professional services or advice. Your
use of the site is subject to the additional disclaimers and caveats
that may appear throughout the site. BrainPOP and its agents assume no responsibility for any
consequence relating directly or indirectly to any action or inaction
you take based on the information, services or other material on this
site. While BrainPOP strives to keep the information on this site
accurate, complete, and up-to-date, BrainPOP and its suppliers
cannot guarantee, and will not be responsible for any damage or
loss related to, the accuracy, completeness or timeliness of the
information.
User Contributions
Users who post materials to this site (e.g., bulletin boards, chat
rooms or teacher lesson plans) agree to abide by the following rules: (1) users may not post
or transmit material that is libelous, defamatory, obscene, fraudulent,
harmful, threatening, abusive or hateful, that violates the property
rights of others (including without limitation infringing use of a
copyright or trademark), that violates the privacy or publicity right of
others, or that is in violation of applicable laws; (2) users may not
interfere with other user's use and enjoyment of this site; (3) users
may not use this site to conduct any activity that is illegal or that
violates the rights of others; (4) users may not use this site to
advertise or sell products or services to others; and (5) users must
immediately inform BrainPOP if they have reason to believe that a
user is infringing any copyrighted materials. A user posting material
represents that such material is unique to the user or used with
permission of the copyright holder, and assigns to BrainPOP
ownership of such material. BrainPOP has no responsibility for the
content of any material posted by users, but BrainPOP reserves
the right in its sole discretion to (i) edit or delete any documents,
information or other material submitted to or appearing on this site,
and (ii) refuse access to the site to any user that violates this
agreement. Bulletin boards and chat rooms contain the opinions and
views of other parents. BrainPOP is not responsible for the
accuracy of any messages on this site and you should always consult
a physician or other qualified health care provider before relying on
any information you find on this site.
Links to Other Web Sites
This site may include links to other Internet sites solely as a
convenience to users. BrainPOP does not endorse any such sites
or the information, material, products or services contained on or
accessible through the sites, and you access and use such sites,
including information, material, products and services therein, solely
at your own risk.
Disclaimer of Warranty
BRAINPOP AND
ITS SUPPLIERS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH
REGARD TO
THE INFORMATION, SERVICES, AND MATERIALS
CONTAINED ON THIS SITE, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. ALL SUCH
INFORMATION, SERVICES, AND MATERIALS ARE
PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT
WARRANTY OF ANY KIND.
Limitation of Liability
IN NO EVENT SHALL BRAINPOP OR ITS SUPPLIERS
BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, BUSINESS, DATA OR
PROFITS, LITIGATION AND THE LIKE, WHETHER BASED
ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. WITH RESPECT TO GOODS OR SERVICES
PURCHASED THROUGH THIS SITE, BRAINPOP'S
LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED TO
REPLACEMENT OF DEFECTIVE GOODS, OR, AT
BRAINPOP'S ELECTION, TO THE REPAYMENT OR
CREDITING OF BUYER WITH AN AMOUNT EQUAL TO
THE PURCHASE PRICE OF THE GOODS. YOU
ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF
THIS AGREEMENT AND THE SITE WOULD NOT BE
PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME
STATE STATUTES MIGHT APPLY REGARDING
LIMITATION OF LIABILITY.
Indemnification
You agree to indemnify, defend and hold harmless BrainPOP, its
affiliates and suppliers from any liability, loss, claim and expense
(including attorneys' reasonable fees) related to (i) your violation of
this agreement, and (ii) your posting of material to this site.
Proprietary Rights
All materials on this site (as well as the organisation and layout of the
site) are owned and copyrighted by BrainPOP or its suppliers and
may be accessed, downloaded or printed for your personal
non-commercial use only. Without the prior written permission of
BrainPOP or its suppliers, you may not copy, distribute or transfer
any material on this site, in whole or in part.
Changes to Site
BrainPOP and its suppliers may make improvements or changes in
the information, services, products, and other materials on this site,
or terminate this site, at any time without notice. BrainPOP may
modify this agreement at any time, and such modifications shall be
effective immediately upon posting of the modified agreement.
Accordingly, you agree to review the agreement periodically, and
your continued access or use of this site shall be deemed your
acceptance of the modified agreement.
Miscellaneous
This agreement and the resolution of any dispute related to this
Agreement or the site shall be governed by and construed in accordance with the laws of New York, without giving effect to any
principles of conflicts of law. BrainPOP's failure to insist upon
strict enforcement of any provision of this agreement shall not be
construed as a waiver of any provision or right. Any legal action or
proceeding between BrainPOP and you related to this agreement
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in New York, New York
BrainPOP is a trademark of BrainPOP, LLC.
All other trademarks are the property of their respective owners.
