Terms and Conditions
Brain Trauma Foundation Agreement
Your access to and use of the Brain Trauma Foundation website (“Website”) is subject to the provisions contained in this legally binding agreement (“Agreement”). By accessing or using this Website, you agree to all of these provisions and enter into a legally binding Agreement with the Brain Trauma Foundation (“BTF”) to abide by the provisions in this Agreement. BTF reserves the right to modify this Agreement by posting such modifications to this Website. Your continued access to or use of this Website after such posting will signify your agreement to such modifications, if any.
General Terms and Conditions
The information accessible on this Website, including the educational materials, scientific content, medical content, “look and feel”, flash and other rich media, HTML, code, data files, graphic designs, video, audio, photographic or literary content (“Information”), is owned by BTF, its business associates, or other third parties.
This Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Information, software, products, or services contained within this Website. You may not use this Website, or any of its Information, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Website. You acknowledge and agree that all Information shall remain at all times vested in BTF and/or are the property of their respective owners. BTF expressly retains all right, title and interest in and to any proprietary Information. You may not access or use Information for commercial, competitive, political or any other purposes. You may not modify, republish, post, transmit or distribute any Information without the express prior written consent of BTF. You may copy specific, individual sections only to the extent necessary for your personal use. All such Information is protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Information only as expressly authorized by BTF and/or its third party licensors. Any reproduction or redistribution of Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law.
Password and Security: You are solely responsible for maintaining the confidentiality of any Website user name and password and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify BTF of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. BTF is not liable for any loss or damage arising from your failure to comply with this provision.
Links to Other Websites: The Website may provide links to the websites or services of third-party sites. Links to such third-party sites does not constitute an endorsement by BTF of such third-party sites, or the products, content, materials or information presented or made available by such sites. You acknowledge and agree that BTF is not responsible for any damages or losses caused or alleged to have been caused by the use of any third-party sites, or from the products, content, material or information presented by or available through those sites.
Disclosure of Affiliations: BTF works with a variety of third parties to provide the services available on this Website, and to provide links to other web sites. These third parties include, for example, accrediting bodies, content providers, technology providers, and suppliers of medical products, information and services. These entities may supply information for posting on or access through this Website, and, solely in the case of accrediting bodies, may set standards applicable to certain content, but they do not control the content or the operation of this Website.
You agree not to collect or harvest any Information from the Website, nor to use the communication systems provided by the Website for any solicitation purposes. You agree not to solicit, for purposes, any users of the Website with respect to any submissions made by them.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Website.
Accreditation: BTF and affiliates are not responsible for: ensuring the validity of any continuing education credits; issuing notification of credits or certification; ensuring the sufficiency of credits for license renewal; ensuring program content is sufficient to earn continuing education credit; or ensuring the accuracy or completeness of personal transcripts.
No Medical Advice: Information made available through this Website is intended for use as continuing education only and is not and should not be construed as medical advice. Such information should not be used in place of seeking professional opinions by licensed practitioners. BTF and affiliates do not practice medicine or law, and do not offer any other professional advice or services. You assume full responsibility for appropriate use of the information available through this Website.
Disclaimer of Warranty: This Website and all services and information made available on or through this Website are provided on an “as is”, “where is” and “as available” basis without representations or warranties of any kind whatsoever, express or implied, including without limitation, non-infringement, merchantability, fitness for a particular purpose, or completeness or accuracy.
BTF and respective affiliates and providers (“BTF and affiliates”) do not warrant that this Website or any services or Information made available on or through this Website, including without limitation any third-party software, products, items or other materials used in connection with this Website, will be timely, secure, uninterrupted or error free, or that defects will be corrected.
Any information downloaded or otherwise obtained through the use of this Website is done at your own discretion and risk. You shall be solely responsible for any damage or loss of data that results from the downloading or use of the information and for any results or lack of results from the use of such data.
Limitation of Liability: You use this Website at your sole risk. You agree that you will be personally responsible for your use of this Website and for all of your communication and activity on this Website.
In no event shall BTF and affiliates be liable for any claims or losses whatsoever of any kind, whether direct, indirect, special, incidental, consequential or punitive, and whether arising from an action in contract, tort, or otherwise, related to or in connection with this Website or any services or information made available on or through this Website. Without limiting the generality of the foregoing, BTF and affiliates shall not be liable for any claims or losses in connection with errors, omissions, or inaccuracies of informational content, or any decision made in reliance on the information contained on or accessible through the Website.
Your sole remedy for any claims in connection with this Website is to discontinue using this Website and the related content and services. The foregoing limitation shall apply and survive notwithstanding any failure of essential purpose of any remedy.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Indemnification: You agree to indemnify, defend and hold harmless BTF and affiliates from any and all claims or losses arising from your use of or reliance on this Website or any services or Information made available on or through this Website.
Digital Millennium Copyright Act: If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact our Copyright Agent at firstname.lastname@example.org with “Copyright” in the subject.
Search Engines; You understand that BTF grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials (“Indexing Exceptions”). BTF reserves the right to revoke Indexing Exceptions either generally or in specific cases.
Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.
Governing Law: The Agreement shall be governed by the laws of the State of New York without giving effect to the principles of conflict of law thereof. You and BTF agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of forum non conveniens or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise. You agree to waive any right to a jury trial.
Severability: If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
Survival: The provisions of this Agreement which by their nature would continue beyond termination or expiration of this Agreement shall survive such termination or expiration.
ELIGIBILITY TO PURCHASE
Purchases are available only to individuals who (i) can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of New York and of the United States, (ii) have been issued a valid PayPal account or credit card by a bank acceptable (“Payment Method”) to BTF and who have authorized BTF to process a charge or charges on their Payment Method in the amount of the total purchase price for the merchandise which they purchase.
In order to make purchases through the Site, you will be required to register and provide personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
By ordering or attempting to order merchandise at the Site, you expressly authorize BTF to perform a one-time per purchase credit check, and where necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.
All non-digital merchandise is sold on a first come, first served basis and is subject to availability. BTF makes a good faith effort to only offer non-digital merchandise for sale that is in stock and available for dispatch from our distribution center.
BTF reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
Non-digital items in your shopping cart are not reserved and may be purchased by other customers.
Prices shown on the site are in US Dollars and are exclusive of taxes. For orders containing non-digital shipments, if you are shipping within the United States, sales tax will only be charged on orders shipping to destinations within New York State. For orders containing only digital merchandise for which no shipping is required, sales tax will only be charged on orders billed to an address in New York State.
All prices and offers remain valid as advertised from time to time. The US Dollar price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
If you are buying from outside the US, you will incur carriage costs and any duties levied by the jurisdiction to which you have specified delivery. If your credit card is not denominated in US Dollars, the final price will be calculated in accordance with the exchange rate policy of your payment company.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order.
Unless you cancel your order, acceptance of your order and completion of the contract between you and BTF will occur when the goods you offered to purchase are made available for you to download or are electronically sent to you, or are placed in the custody and control of a common carrier (“dispatch”), at which time you will receive a second email acknowledging the details of your order and the details of the download, electronic delivery or shipment information. The sale contract is therefore concluded in the State of New York, USA and the language of the contract is English.
We reserve the right to reject your order in the event that, for example, we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or you do not meet the eligibility criteria set out within this Conditions of Sale.
Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.
We will notify you by the email of any rejection of, partial rejection of, or required change to your order.
Payment can be made by Visa, MasterCard, Paypal and any other methods which may be clearly advertised on the site from time to time (“Payment Card”). We will not charge your Payment Card until the product is in stock. Payment will be debited and cleared from your account upon dispatch of your order by BTF. All Payment Card holders are subject to validation checks and authorization by the card issuer.
Occasionally, high demand causes us to run out of certain non-digital items. If we don’t have a non-digital item that you have ordered in stock, we will notify you by email.
Sometimes, a non-digital item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit card, we will not charge you for the item or any taxes, shipping or handling charges.
BTF uses VeriSign issued and certified Secure Socket Layer Certificates for the encryption and protection of your personal and financial information. If you are a registered BTF user, we will securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
You confirm that the Payment Card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it.
INSURANCE AND DELIVERY
BTF insures each purchase during the time it is in transit until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by BTF and transfer of responsibility in the same way.