This website and any related services are provided subject to these terms and conditions. Your use of our site or any services will indicate your agreement to be bound by these terms.
Ownership and Use of Content
This Site is owned and operated by BrainWare Learning Company (BLC), which retains title to the Content, Offerings, and any intellectual property and other rights relating thereto. The Content and the Offerings are protected by U.S. and international copyright, trademark and other laws. BLC grants you a non-exclusive, non-transferable, revocable, limited license to receive the Offerings you purchase from BLC for your noncommercial personal use only. You may not use any Content obtained from our site in any other manner or for any other purpose without the prior written permission of BLC. By using our Site or any Offerings, you agree not to remove any copyright, trademark or other proprietary rights notice contained in or on the Content, Site or any Offerings, or “frame” or “mirror” any part of our Site without prior written consent.
All trademarks, service marks and logos used on our Site, whether registered or unregistered, are owned by BLC and others. You may not use or display any trademarks, service marks, logos or designs used on our Site without prior written consent from the rightful owner(s).
Accuracy and Integrity of Information
While we strive to keep the Content accurate, complete and up-to-date, BLC cannot and does not guarantee the accuracy, completeness or timeliness of the Content. It is possible the Content may include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alternations could be made to the Content by third parties. If you find an inaccuracy, please inform us so that it can be corrected.
Our Site contains hyperlinks to third-party websites. Hyperlinks to or from our Site do not constitute any endorsement or recommendation and you are solely responsible for complying with the terms and conditions of use for third-party sites. You acknowledge that BLC shall have no liability for damage or loss arising from your access to, use of, or reliance on any third-party site, software, data, or other information.
OUR SITE, OUR SERVICES, AND OTHER CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU USE THEM AT YOUR OWN RISK. BLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDINGING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BLC DOES NOT MAINTAIN ANY WARRANTY THAT OUR SITE, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. BLC MAKES NO WARRANTIES AS TO THE ACCURACY, QUALITY OR RELIABILITY OF OUR SITE, THE SERVICES, THE CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED FROM THEIR USE.
You may also have other rights under applicable law, which vary from state to state. In the event that applicable law imposes implied warranties notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or first access date (whichever comes first), shall terminate automatically at the end of such period, and shall be disclaimed and excluded to the fullest extent permitted by law.
Limitation of Liability
BLC ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON OUR SITE, THE OFFERINGS OR CONTENT. YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THEIR USE, INCLUDING ANY RELIANCE ON THIER ACCURACY, COMPLETENESS OR USEFULNESS. IN NO EVENT WILL BLC, ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, OUR SITE THE OFFERS OR THE CONTENT; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, OTHER CONTENT OR ANY COMMUNICATIONS BETWEEN YOU AND BLC OR OUR SITE; THE STATEMENTS OR CONDUCT OF YOU OR ANY OTHER USER ON OUR SITE; OR ANY OTHER MATTER RELATING TO OUR SUTE, THE OFFERINGS OR THE CONTENT. THESE LIMITATIONS WILL APPLY WHETHER OR NOT BLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some states may not allow the exclusion of limitations of consequential damages, so the above may not apply to you.
You agree to indemnify, defend and hold harmless BrainWare Learning Company, its licensors, suppliers, and their respective directors, officers, employees, agents, affiliates, successors and assigns, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise from your use of our Site, the Offerings and the content, from your breach of these Terms, or from any data or communications you submit, post or transmit to or through our Site. You agree to cooperate as reasonably required in the defense of any such claim.