Terms

Bold Learning Solutions (dba “Brainscape”) User Agreement

Last Updated April 15, 2010

These Terms govern your use of Brainscape, including this web site located at www.brain-scape.com (this “Web Site”), which is made available by Bold Learning Solutions, Inc. (“Brainscape” or “we” or “us”).

Your privacy is important to us. These “Terms” and this “User Agreement” (the “Agreement”) outline the type of information that is collected through this Web Site and how that information is used and protected. The “Agreement” is a legal contract that describes the conditions under which users (“you”) are permitted to use this Web Site.

By using this Web Site, you agree to be bound by this contract. If you do not accept the Agreement, please do not use the Web Site.

Changes To The Agreement

Brainscape may change this Agreement periodically, so please review it on occasion before using the Web Site. We will make the most recent version of the Agreement available on the Web Site along with the most recent date when it was modified.

By using the Site after we modify the Agreement, you accept the new version of the Agreement. If you do not agree to the changes, please do not continue to use the Web Site and contact us info@brainscape.com

Personal Information

We may ask you for Personal Information, and we may collect certain information from your computer each time you visit our Web Site. “Personal Information” means personally identifiable information and includes, for example, your name; e-mail address; credit card and other payment information; demographic information; and/or other information that you choose to provide.

Privacy Policy

User-Provided Information

We may collect Personal Information from users, for example, through such users’ activities, transactions and completion of surveys and other online forms on our Web Site.

Because some of our most useful services are personalized (i.e., different visitors may have a different experience based on information they provide), registration for such services may be required (although not all areas of our Web Site require registration).

You may be able to send information about our Web Site, products and services to your friends and family members by clicking on an “E-mail to Friend” or similar button on our Web Site or in one of our e-mails. In some of these cases (unless you simply forward our e-mail on your own), you may provide the name and e-mail address of your friend or family member to us, and such information will be treated in accordance with this Agreement and applicable law.

If you provide information on your address or location, we may retain this information throughout your time as a registered user. This location information references the Google Maps API and incorporates by reference the Google privacy policy. (http://www.google.com/privacy.html)

Marketing Lists

From time to time, we obtain lists of people who may be interested in our products and services from third-party marketing list suppliers. We may use these lists to send direct marketing promotions by e-mail. If you do not wish to receive future promotions via e-mail, please follow the instructions in the Right to Opt In and Opt Out section below.

Web Site Usage Information

Cookies

We may use “cookies” to keep, and sometimes track, information about you, and to create a personalized Web experience. Cookies are small data files that are stored on your computer's hard drive. Cookies track where you travel on our Web Site and what you look at and purchase.

Most Web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the Web Site or certain areas or features of the Web Site

Clear GIFs

We may use “clear GIFs” (a/k/a “Web beacons” or “pixel tags”) or similar technologies, on the Web Site and/or in our communications (e.g., in our HTML-based e-mails) which enable us to know whether you have visited a Web page or received or opened a message. This allows us to know the effectiveness of our marketing campaigns.

IP Address and Clickstream Data

Our server may automatically collect data about your server’s Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to your computer by your Internet service provider whenever you’re on the Internet. In addition to logging your IP Address and sometimes your domain name, our server may also record the referring page that linked you to us (e.g., another Web site or a search engine); the pages you visit on this Web Site; how long you stay on this Web Site, the Web site you visit after this Web Site; the ads you see and/or click on; other information about your computer and its settings; any search terms you have entered on this Web Site or a referral site; and other Web usage activity and data. We use this information for internal purposes, suchis Weo administer our Web Site. Such information may also be used to gather broad demographic information.

Matching Web Site Usage Information and Personal Information

Web Site Usage Information, alone, is tracked in aggregate form, not at an individual user level, and is not uniquely identifying. However, we may match information collected from you through different means or at different times, including both Personal Information and Web Site Usage Information, and use such information along with information obtained from other sources, including third parties. We may also analyze user behavior as a measure of interest in, and use of, our Web Site and e-mails, both on an individual basis and in the aggregate.

Any or all of these activities with regard to Web Site Usage Information may be performed on our behalf by our services providers.

How Personal Information is Used

We may use the Personal Information you provide to us, for example, to respond to your requests and to provide you with our product and service offerings (for example, to process your orders and respond to your requests and inquiries). We may also use your Personal Information to maintain our internal record keeping.

In addition, we may send you e-mail notices and offers and otherwise correspond with you, about products, services, companies and events, sponsored by us and others, that we think might interest you. You may opt-out of receiving such notices and offers from us, at any time, by following the instructions in the Right to Opt In and Opt Out section above.

Targeted Advertising

Advertisements and other content displayed or transmitted to you on or through the Web Site may be customized to your interests and preferences, based on your Personal Information and Web Site Usage Information, including (but not limited to) non-personally identifying information, which we may obtain from you or from other sources.

Public Forums

When you contribute to a public area or feature of our Web Site, such as a chat room, bulletin board, list serve, blog, wiki or other open forum, the information that you submit will be made available to the general public. Therefore, we recommend that you do not submit any sensitive information to such areas of our Web Site, including your full name, home address, phone number, financial information or any other information that would enable other users to locate you or contact you.

Third Party Offers

We may provide visitors an opportunity to receive offers from other third parties who have services, products and offers that we think might be of interest to you. Unless you instruct us not to do so, we may from time to time provide your Personal Information to these entities so that they may send you such offers. If you change your mind and no longer want us to share your Personal Information with such entities, follow the instructions to opt-out in the Right to Opt In and Opt Out section above.

Service Providers

We may use third party partners, affiliates and service providers to help operate our Web Site and deliver our products and services, and we may share your information with such third parties for such purposes. These third parties are not authorized by us to use your Personal Information in any other way.

Aggregate Statistics

We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, our Web Site and e-mails to third parties in the form of aggregate data that do not describe or identify any individual user.

Third Party “Linked-To” Web Sites

When you are on our Web Site you may be able to visit or link to other sites not operated by us. We do not control such sites and we are not responsible for the information practices of these sites. This Agreement does not address the information practices of those other Web sites, and we encourage you to read the posted privacy policies of such sites.

Legally Compelled Disclosures

We may disclose user information when compelled to do so by government authorities or otherwise as required or permitted by law, such as to respond to court orders and subpoenas. We also may disclose user information when we have reason to believe that someone is causing injury to or interfering with our rights or property, other customers or users of the Web Site, or anyone else that could be harmed by such activities.

Business Transfer

In the event that Brainscape or all or a portion of its business, or one or more of its divisions, is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, Personal Information may be one of the transferred assets.

Prohibited Uses

You agree that you will not:

Children

The Site is intended for the use of adults 18 years or older and children over the age of 13. Children under the age of 13 may only access the Site under strict adult supervision. No adult over the age of 18 years may attempt to contact children under 13 through the Site.

Scope Of License

In exchange for your acceptance of this Agreement, you are authorized to use the Site, but only for personal and noncommercial purposes unless such purposes are expressly granted in an agreement beyond this Agreement with the Web Site.

The Web Site contains material that is protected by copyright, trademark, or other intellectual property rights, and the Web Site itself is protected as a collective work under the copyright laws of the United States and other countries. You may not download, modify, publish, transmit, create derivative works from, or in any way exploit, any component of the Web Site.

You may link to the home page of the Web Site as long as the link does not cast us in a false or misleading light. Please let us know if you link to the Web Site by contacting us at info@brainscape.com

You may not frame the content of the Informational Site. You may not use metatags or any other “hidden text” that incorporates the Brainscape Trademarks or our name without our express written consent.

Indemnity

You will indemnify and hold Brainscape, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Web Site, your violation of this Agreement, or your violation of any rights of a third party.

Modifications to Service

Brainscape reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice. Brainscape will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Web Site.

Membership, Fees

Individuals may obtain a membership with the Web Site without paying a fee. Companies will be required to pay for a membership with the Web Site. In addition, Brainscape will charge fees to access certain components of the Web Site. If you must pay a fee to access a component of the Service, this information will be posted by Brainscape on the Web Site. You may use a credit card to pay these fees. When you provide credit card information to Brainscape, you represent to Brainscape that you are the authorized user of the credit card. Brainscape reserves the right to change its fees or billing methods.

Our Security

In exchange for your access to the Web Site, you agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of the Web Site or that could cause injury to yourself, to us, or to anyone else.

Without limitation, you agree not to attempt to:

We may make content or services from other web sites available to you from links located on this Web Site. These other web sites are not subject to this Agreement. We recommend that you review the Privacy Policy at each such web site to determine how that site protects your privacy.

Transfer of Data Outside of Your Home Country

Your information may be stored, processed and accessed in the United States or any other countries where Brainscape has facilities. By using the Web Site, you consent to the transfer of information outside your country.

Copyright

Materials on Brainscape's "Market". Copyright on all premium study materials is owned by or licensed to Brainscape and all rights are reserved. You must abide by all copyright notices and restrictions contained on the Brainscape Site. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from the Web Site (including computer programs or other code) ("Web Site Materials"), except that you make a reasonable number of machine-readable copies of the Site Materials only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the Web Site Materials.

The only exception to this restriction is for content that you have created yourself. If you author original content using the Brainscape platform, then you own full rights to this content, and you may "export" this content and use it in other media with no persecution from Brainscape or its partners. Note that this assumes that your content does not violate the copyright protection of any other third-party publisher. Brainscape is not responsible for any copyright violations that you make with your content, and we will immediately remove any violating materials that are brought to our attention by a third party.

Trademarks

Brainscape, the Brainscape Logo, and any other trademarks on the Web Site are trademarks owned by Bold Learning Solutions, Inc. You may not use these trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us.

Disclaimer Of Warranty; Limitation Of Liability

You understand that the Web Site is provided purely for your entertainment, and we do not guarantee that the information provided on the Site will be accurate or updated. We do not guarantee that we will continue to provide the Site, that the Site will be available at any particular time or from any particular place, or that it will continue to function in the manner that it currently functions. You agree not to hold us liable for damages you claim are caused by third parties who contact you using the Site or become aware of your identity through the use of the Site, and you understand that, while such behavior is a violation of this Agreement, we need not attempt to control or identify individuals who falsify their identities or provide false information to others through the use of the Web Site. You agree that we are not liable for the infringing, defamatory, offensive, or illegal contact of third parties, including other users.

IN NO EVENT WILL WE, OUR PARENTS OR AFFILIATES, OR ANY OF OUR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE WEB SITE OR CONTENT CREATED ON OR THROUGH THE SITE).

THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF THE CLAIM ALLEGES THAT THE INDEMNIFIED PARTIES’ CONDUCT WAS WILLFUL.

Governing Law; Integration; No Waiver; Severability; Termination

You agree that any dispute between you and us will be governed by the laws of the United States of America and the State of Delaware, without regard to choice of law rules, and that any legal action brought by one party against the other will be brought exclusively in the appropriate court within the State of Delaware. If you are located outside of the United States of America, you agree that, by entering into this agreement, you voluntarily subject yourself to the jurisdiction of the courts of the United States of America and the State of Delaware, and you agree that you may be sued in those courts and subject to the judgments and orders of those courts.

You agree that, notwithstanding any provision of law to the contrary, if you are located outside of the United States, we may satisfy our obligation to serve you with legal process by sending an electronic mail message to the email address that you provided when you registered for the Services or by sending a paper communication to you at the postal address that you provided when you registered for the Services. You further agree that service will be deemed accomplished when we send the electronic mail message or paper communication, as appropriate, and that service may be proven through evidence that we sent the communication, regardless of whether we obtain evidence that you received the communication or that the communication was not delivered.

This Agreement constitutes the entire agreement between you and us. They govern your use of the Site (but excluding services, if any, that we may provide to you under a separate written agreement), and completely replace any prior agreements between you and us in relation to the Site.

Even if we act in a way that you believe to be inconsistent with this Agreement, those actions will not be deemed a waiver or constructive amendment of this Agreement. Similarly, our failure to object to your breach of your obligations under this Agreement does not constitute a waiver of any of our rights.

If any provision of this Agreement is ruled unlawful, void, or unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable. In addition, the severed provision will be deemed replaced with a comparable provision that most closely reflects the intent of the parties.

We reserve the right to terminate the Web Site and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination.

Limitation Of Scope

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your access to and use of the Site.

No provision of this Agreement may be interpreted to limit our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

Right to Opt In and Opt Out

You have the right to “opt-in” and “opt-out” of certain of our uses of your Personal Information. For example, on this Web Site, you may be able to elect to or not to receive correspondence from us or have your Personal Information shared with other entities for their marketing purposes. You can also send an e-mail to marketing@brain-scape.com. In this e-mail, please say whether: (i) you would like to opt-out of receiving all e-mail promotional correspondence from Brainscape in general or (ii) if you would only like to opt-out of certain of Brainscape’s e-newsletters or correspondence and if so which ones. You may also opt-out of Brainscape’s promotional e-mails by clicking on an opt-out link within the e-mail you receive.

Please understand that if you opt-out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.

Your Security

Brainscape will take steps to protect the security and integrity of all sensitive Personal Information provided to us. However, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be safe from intrusion by others, such as hackers.

If you contact us by e-mail or a “contact us” or similar feature on our Web Site, your transmission might not be secure. A third party could view information you send by these methods in transit.

You may be able to create an account on our Web Site with a username and password. If so, you are responsible for protecting your account password, and you are responsible for any access to or use of the Web Site by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you.

In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use another method to notify you in this situation, please e-mail us.

Refunds

If you believe you have received faulty content or have not received an adequate study experience, you are entitled to a refund. Please contact info@brain-scape.com to receive your refund payment.

Cancellation

If you wish to have your user account completely removed from Brainscape's databases, you may contact us at info@brain-scape.com.

Contact Us

If you have any questions or comments regarding our privacy practices, you may contact us at info@brainscape.com

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