Brain Trauma Foundation Learning Portal Legal Agreement

Your access to and use of the Brain Trauma Foundation Learning Portal website is subject to the provisions contained in this legal agreement. By accessing or using this site, 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 legal 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.

Use of this Website

Content and Other Information: The Information accessible on this Website, including for example the educational materials, scientific content, graphic designs, video, audio, photographic or literary content, is owned by BTF, its business associates, or other third parties. This Information is provided to you solely for your personal use. You may not access or use this Information for commercial, competitive, or any other purposes. You may not modify, republish, post, transmit or distribute any Information without the express written consent of BTF. You may copy this information only to the extent necessary for your personal use. BTF expressly retains all right, title and interest in and to any proprietary Information. Failure to adhere to these provisions could subject you to serious penalties under federal copyright law.

Password and Security: You are solely responsible for maintaining the confidentiality of any user name and password you use to access the BTF Learning Portal website 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 cannot and will not be 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 others 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 Web Site, 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 Web Site, 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.

General Terms and Conditions

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: The information made available through this website is intended for use as continuing education only 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 accuracy of informational content.

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 web site, 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: 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.

Choice of Law: This Legal Agreement shall be governed by and interpreted in accordance with laws of the State of New York, New York County or of the United States of America for the Southern District of New York, New York County and expressly waives any claim of improper venue and any claim that such courts are an inconvenient forum.

Severability: If any provision of this Legal 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 Legal Agreement, and the remainder of this Legal Agreement shall continue in full force and effect.

Waiver: The failure of BTF to exercise or enforce any right or provision of this Legal Agreement will not be deemed a waiver of such right or provision.

Survival: The provisions of this Legal Agreement which by their nature would continue beyond termination or expiration of this Legal Agreement shall survive such termination or expiration.