Terms of Use

Brain Trauma Foundation Agreement

Your access to and use of the Brain Trauma Foundation website ("Website") is subject to the provisions contained in this legally binding agreement ("Agreement"). By accessing or using this Website, 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 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.

General Terms and Conditions

The information accessible on this Website, including the educational materials, scientific content, medical content, "look and feel", flash and other rich media, HTML, code, data files, graphic designs, video, audio, photographic or literary content ("Information"), is owned by BTF, its business associates, or other third parties.

This Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Information, software, products, or services contained within this Website. You may not use this Website, or any of its Information, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Website. You acknowledge and agree that all Information shall remain at all times vested in BTF and/or are the property of their respective owners. BTF expressly retains all right, title and interest in and to any proprietary Information. You may not access or use Information for commercial, competitive, political or any other purposes. You may not modify, republish, post, transmit or distribute any Information without the express prior written consent of BTF. You may copy specific, individual sections only to the extent necessary for your personal use. All such Information is protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Information only as expressly authorized by BTF and/or its third party licensors. Any reproduction or redistribution of Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law.

Password and Security: You are solely responsible for maintaining the confidentiality of any Website user name and password 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 is not 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 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 Website, 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 Website, 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.

You agree not to collect or harvest any Information from the Website, nor to use the communication systems provided by the Website for any solicitation purposes. You agree not to solicit, for purposes, any users of the Website with respect to any submissions made by them.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Website.

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: Information made available through this Website is intended for use as continuing education only and is not 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 completeness or accuracy.

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 Website, 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.

Right To Deny Services: We reserve the right to deny you access to this Website, or any part of this Website, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, or otherwise violated the Terms of Use, we may deny you access to this Website on a temporary or permanent basis and any decision to do so is final.

Limitation of Liability: You use this Website at your sole risk. You agree that you will be personally responsible for your use of this Website and for all of your communication and activity on this Website.

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.

Digital Millennium Copyright Act: If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:

Please contact our Copyright Agent at btfinfo@braintrauma.org with "Copyright" in the subject.

Search Engines: You understand that BTF grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials ("Indexing Exceptions"). BTF reserves the right to revoke Indexing Exceptions either generally or in specific cases.

Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.

Governing Law: The Agreement shall be governed by the laws of the State of New York without giving effect to the principles of conflict of law thereof. You and BTF agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of forum non conveniens or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise. You agree to waive any right to a jury trial.

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

Rights Not Waived: You agree that if BTF does not exercise or enforce any legal right or remedy which is contained in the Terms of Use (or which BTF has the benefit of under any applicable law), this will not waive BTF’s rights and that those rights or remedies remain fully enforceable and available to BTF.

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

Violation of Terms of Use. Please report any violations of the Terms of Use by emailing btfinfo@braintrauma.org.