Conditions of Use
 |
Terms of Service These terms and conditions of use apply exclusively to your access to and use of the Behavior Development Solutions store and learning platform web site, (the "Site" or "Sites") and do not alter in any way the terms and conditions of any other agreement you may have with Behavior Development Solutions for products, services or otherwise. Privacy Policy Your use of the Site is governed by the Behavior Development Solutions Privacy Policy and incorporated by reference into these terms.
Any materials on the Site, including without limitation any documentation, instructional content, text, data, graphics, images, interfaces or other materials or works of authorship, (the "Materials") are copyrighted materials owned by or licensed to Behavior Development Solutions. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by Behavior Development Solutions and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. With the exception of your own personal data reports, you are not authorized to print, electronically copy, store, or otherwise retain or share with anyone the instructional content, text, images, graphics, or data. Any product, process or technology described in the Materials or offered for sale through the Site may be subject to other intellectual property rights reserved by Behavior Development Solutions, its affiliates, or third parties. Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of Behavior Development Solutions, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Site are expressly reserved to Behavior Development Solutions, its affiliates, and/or any third party, as applicable. Hyperlinks to this Site You are granted a limited, nonexclusive right to create a "hypertext" link to the Site provided that such link is to the entry page of this website and does not portray Behavior Development Solutions or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Behavior Development Solutions trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of Behavior Development Solutions. Links to Third Party Websites The Site may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by Behavior Development Solutions. If you use these links, you may leave the Site. Behavior Development Solutions has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Behavior Development Solutions does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk. Password Restricted Areas of the Website Certain areas of the Site may be password restricted to registered users ("Password-Protected Areas"). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Behavior Development Solutions if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Behavior Development Solutions of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you. When you purchase a license, or a license is purchased on your behalf, it is for your sole individual use only. You agree that you will not share the username or password with anyone else. If it becomes apparent that anyone other than yourself has logged in or accessed the software on your account, the license will be suspended and the software disabled. You will be required to contact Behavior Development Solutions to request a re-instatement. If BDS decides to reinstate the license, a re-instatement fee will apply. The pass guarantee will become void and all extension products will not be available. Submissions You acknowledge that you are responsible for the information and material that you submit to the Site through email or otherwise (each a "Submission"), and that you, and not Behavior Development Solutions, will have full responsibility for each of your Submissions, including its legality, reliability, appropriateness, originality and copyright. As such, you agree to indemnify and hold Behavior Development Solutions entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by you in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your Submissions, your use of the Site, or the use of the Site by any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party. Depending on the product or service you purchase, BDS may send you text messages. You grant BDS permission to do so when you purchase a product or service on our website and provide your phone number during account creation. Message and data rates may apply. Purchasing certain products will result in time-sensitive pre-scheduled emails that will be automatically sent (please notes that these are independent of any emails associated with our "newsletter signup" which you may unsubscribe from at your discretion); therefore, pre-scheduled emails which are triggered by purchase or registration of a BDS product or offering can't be unsubscribed from. DISCLAIMER OF WARRANTIES Behavior Development Solutions makes no, and hereby disclaims all warranties, express, implied and statutory, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, compliance with Federal, State and local regulations, the accuracy, timeliness, relevance or completeness of the course contents or any other warranties regarding the service, site, content, or the quality, suitability, truth, accuracy, timeliness, relevance and completeness of any content contained on the site or included as part of the service. You acknowledge and agree that Behavior Development Solutions does not warrant that access to the service and the site will be uninterrupted, error-free or without compromise or infiltration of security systems. LIMITATION OF LIABILITY Behavior Development Solutions will not be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change inapplicable government regulations, regardless of the form of the action and regardless of whether Behavior Development Solutions has been advised of the possibility of such damages. Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of Behavior Development Solutions for damages under this Agreement exceed one hundred dollars ($100.00). You agree that Behavior Development Solutions can revise these Terms at any time by updating this posting on the Site. In the event that Behavior Development Solutions makes a change that is material (which will be determined solely by BDS), a notification will be transmitted to customers and users via email and/or the messaging feature built into the BDS learning platform. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms. Notices and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c), (2), notifications of claimed copyright infringement should be sent to Behavior Development Solutions’ copyright agent. If you believe that Material, or portions of Materials, have been copied in any way that constitutes copyright infringement, please provide the information requested below. Please note that this procedure is exclusively for notifying Behavior Development Solutions regarding allegedly infringing Materials published on the Web Site. When providing notice, please provide the following information:
Toll-free 866-8behave (866-823-4283) General Provisions Enforcement of these Terms and Conditions will be governed by Connecticut law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to this Agreement or your use of the Site will lie in Connecticut, and/or the United States District Court for Connecticut, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Behavior Development Solutions to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Behavior Development Solutions in writing. In the event that a court of competent jurisdiction finds any provision of these Terms and Conditions to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect. Contact Us Behavior Development Solutions can be reached using the contact information on the Contact Us Page. |