1. Use of Site
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to BRAINSPOTTING™ or its affiliates, contributors or third parties. The copyrights in the Content are owned by BRAINSPOTTING™ or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by BRAINSPOTTING™, for example in certain password-restricted areas of the Site).
You may not manipulate or alter in any way images or other Content on the Site.
2.1 Royalty-free Pictures
BRAINSPOTTING™ has included Royalty-free Pictures on certain pages within the Site, to provide standard images of the services rendered. You may download, reprint and manipulate the Royalty-free images for this purpose, but you may not crop or change the composition of the image, or use the image for commercial purposes.
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
4. Links to Third-Party
Web Sites Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by BRAINSPOTTING™ of the third party, the third-party web site, or the information contained therein. BRAINSPOTTING™ is not responsible for the availability of any such web sites. BRAINSPOTTING™ is not responsible or liable for any such web site or the content thereon.
5. Linking to this Site
Unless specifically authorized by BRAINSPOTTING™, you may not connect “deep link” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
6. Downloading Files
Files downloaded from the Site may change and customers/clients may need to reaccess such links. As much as the Site is secured and maintenance and support is done regularly BRAINSPOTTING™ cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
Any software available for download via the Site is the copyrighted work of BRAINSPOTTING™ and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
8. Disclaimer of Warranties
BRAINSPOTTING™ makes no express or implied warranties, representations or endorsements whatsoever with respect to the Site, the service or the content. BRAINSPOTTING™ expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Site, the Service, the Content, and any product or service furnished or to be furnished via the site.
BRAINSPOTTING™ will try its best to keep the Site and the Content secure, updated and error-free as best as possible, yet BRAINSPOTTING™ does not warrant that the functions performed by the Site or the Service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. BRAINSPOTTING™ does not warrant the accuracy or completeness of the Content, or that any errors in the content will be corrected. The Site, the Service and the Content are provided on an “as is” and “as available” basis.
9. Limitation of Liability
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless BRAINSPOTTING™, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
11.1 Your Personal Information
BRAINSPOTTING™’s primary goals in collecting personal information about you are, first, to give you a meaningful, enjoyable, and personalized website experience and, second, to facilitate the development of new products and services relevant to consumers like you. Personal information also allows us to provide better service to you by tailoring our communications to match your interests so we may deliver more of what you want and less of what you don’t want.
Here are the types of information we gather.
Information You Explicitly Provide: In order to establish your account, register products, or to participate in various online programs offered through brainspotting.com, you will be asked to provide certain personally identifiable information to us such as your name, mailing address, e-mail address, and phone number. If you choose to purchase products or services (where applicable), you will be asked to provide a valid credit card number and expiration date along with billing and shipping address information (if applicable). You can choose not to provide this information but then you might not be able to participate in some of our services or offerings.
Information We Automatically Collect: We use common internet technologies such as cookies and beacons to ensure the integrity of our site and to customize portions of the site for you.
Cookies are small pieces of information stored by your browser on your computer’s hard drive, at a web site’s request. BRAINSPOTTING™ cookies do not contain any personal information, but are used primarily as follows:
BRAINSPOTTING™ only uses your personal information to conduct business with you. Some examples include:
We also use this personal information to provide you with information related to your account, the products or services you purchased from us, to better understand your needs and interests, to improve our service and to personalize communications and your web experience.
11.2 Your Choices about Receiving E-mail
BRAINSPOTTING™ may send you e-mail about your orders or your account and in response to your questions. BRAINSPOTTING™ and its subsidiaries may also send you e-mail with information and/or special offers about products and/or services that may be of interest to you, unless you indicate you do not want to receive them. We will give you an opportunity to let us know your preference regarding the receiving of promotional e-mail when you register for a service, when you provide us with your personal information, or when we send you e-mail. If you choose not to accept this promotional e-mail, you may not receive special offers that may be of value to you. This option applies to promotional e-mail only, as we may find it necessary to send you e-mail relating to the products or services you have purchased or registered, your account or your order(s).
Promotional e-mail that you receive from BRAINSPOTTING™ will tell you how to decline receiving future promotional e-mail. For additional information about declining e-mail from BRAINSPOTTING™, Click here.
11.3 Protecting Your Information
BRAINSPOTTING™ implements a variety of administrative, managerial, and technical security measures to help protect your personal information. BRAINSPOTTING™ has Internal Control Standards which relate specifically to the handling of personal information. These include certain controls to help safeguard the information we collect online. BRAINSPOTTING™ employees are trained to understand and comply with these controls and we communicate our Privacy Notice, practices and guidelines to our employees. However, while we strive to protect your personal information, you must also take steps to protect your information. We urge you to take every precaution to protect your personal information while you are on the Internet.
11.4 Children’s Privacy
Protecting the online privacy of children is especially important, and those under the age of 13 are protected by federal law. For that reason, BRAINSPOTTING™ does not knowingly permit children under the age of 13 to become registered members of our sites, or to buy goods and services on our sites, without verifiable parental consent. BRAINSPOTTING™ does not knowingly collect or solicit personal information about children under 13, except with their parent’s express consent. If we ever include children under the age of 13 as part of our intended site audience, those specific web pages will, in accordance with the provisions of the Children’s Online Privacy Protection Act (COPPA), be clearly identified and provide an explicit privacy notice; and we will provide processes to obtain parental approval, provide access to information and allow parents to request removal of their children’s personal information. BRAINSPOTTING™ encourages parents and guardians to spend time with their children online and to participate in their interactive activities and interests.
11.5 Outside Links
Some BRAINSPOTTING™ Web sites contain links to and from other Web sites and BRAINSPOTTING™ is not responsible for the privacy practices of those Web sites. BRAINSPOTTING™ encourages you to ascertain the privacy practices of those Web sites. Keeping Your Information Accurate If you are a registered member of lindamariafrank.com, you can review and update your member profile using your user name and password. You also have the option of sending an e-mail to the address noted in the “How to Reach Us” section below to request a change to your information or a copy of the personal information we have collected about you online. There may be a nominal charge for information requested. We will make every reasonable effort to make sure your requests are met. To protect your privacy, proof of identity is required. 11.f. How to Reach Us If you have questions or concerns about your privacy when using a BRAINSPOTTING™ Web site, please contact us by e-mail: email@example.com.
BRAINSPOTTING™ ‘s Online Privacy Office will work with you to resolve any concerns you have about this Notice. 11.g Changes to this Privacy Notice BRAINSPOTTING™ reserves the right to modify this Privacy Notice from time to time, by posting a prominent announcement on this page or, in the event of a material change, by notifying by e-mail all customers whose personal information we have retained.
12. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
13. Unsolicited Idea Submission Policy
BRAINSPOTTING™ or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should BRAINSPOTTING™’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to BRAINSPOTTING™ or anyone at BRAINSPOTTING™ If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of BRAINSPOTTING™, without any compensation to you; (2) BRAINSPOTTING™ will have no obligation to return your idea to you or respond to you in any way; (3) BRAINSPOTTING™ will have no obligation to keep your idea confidential; and (4) BRAINSPOTTING™ may use your idea for any purpose whatsoever, including giving your idea to others.
14. User Supplied Information
BRAINSPOTTING™ does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give BRAINSPOTTING™ the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
15. Password Security
If you register to become a lindamariafrank.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
16. General Provisions
16.1 Entire Agreement/No Waiver
16.2 Correction of Errors and Inaccuracies
The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. BRAINSPOTTING™ therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. BRAINSPOTTING™ does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
16.3 Enforcement/ Choice of Law/ Choice of Forum
16.4 Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent the corporate office.