Use of Information and Services | User Contributions | Links to Other Web Sites | Disclaimer of Warranty | Limitation of Liability | Indemnification | Proprietary Rights | Changes to Site | Miscellaneous

Please read this agreement carefully before accessing or using this site. By accessing or using the site, you agree to be bound by this agreement. The information and services on this site are provided by BrainPOP Jr., LLC. ("BrainPOP Jr.") and its suppliers, subject to your agreement to the terms and conditions below.

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 Jr. 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 Jr. 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 Jr. strives to keep the information on this site accurate, complete, and up-to-date, BrainPOP Jr. 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 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 Jr. 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 Jr. ownership of such material. BrainPOP Jr. has no responsibility for the content of any material posted by users, but BrainPOP Jr. 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 Jr. 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 Jr. 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 JR. 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 JR. 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 JR.’S LIABILITY, IN ANY CASE, IS EXPRESSLY LIMITED TO REPLACEMENT OF DEFECTIVE GOODS, OR, AT BRAINPOP JR.'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 Jr., 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 organization and layout of the site) are owned and copyrighted by BrainPOP Jr. or its suppliers and may be accessed, downloaded or printed for your personal non-commercial use only. Without the prior written permission of BrainPOP Jr. or its suppliers, you may not copy, distribute or transfer any material on this site, in whole or in part.

Changes to Site

BrainPOP Jr. 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 Jr. 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 Jr.’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 Jr. 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 Jr. is a trademark of BrainPOP Jr., LLC. All other trademarks are the property of their respective owners.