Limitation of Liability. WE EXPRESSLY DISCLAIM ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF OUR SERVICES SHALL BE AT YOUR OWN RISK. WE SHALL NOT UNDER ANY CIRCUMSTANCES BE RESPONSIBLE FOR ANY LOSS OR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY ARISING FROM YOUR USE, REGISTRATION TO USE, OR INABILITY TO USE, OUR SERVICES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE NOT SATISFIED WITH OUR WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE WEB SITE. Brainsbuilder SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS, OR USE OR INABILITY TO USE THE WEB SITE. IN NO EVENT SHALL Brainsbuilder BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE).
Disclaimer. THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS", AND Brainsbuilder HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. Brainsbuilder MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE OR ANY OTHER WEB SITE REFERENCED BY THIS WEB SITE.
1. Illegal Activity. You expressly agree not to use the
Brainsbuilder in a manner that is prohibited by any law or regulation,
or to facilitate the violation of any law or regulation. You
acknowledge that prohibited conduct includes, but is not limited to,
use of the Brainsbuilder to invade the privacy of third parties,
impersonation of Brainsbuilder personnel or other parties or entities,
or transmitting abusive, profane, libelous, slanderous, threatening or
other harassing material.
2. "Spamming." You agree not to use the Brainsbuilder in connection with the sending of the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. You agree not to send unsolicited mass mailings from another service, which in any way implicates the use of Brainsbuilder or results in the use of Brainsbuilder resources.
3. Liability for Breach. For each violation by you of this Section you agree to pay Brainsbuilder damages to compensate for the lost goodwill such a violation causes, but, where warranted, Brainsbuilder may waive all or part of the applicable charge. Payment by you under this Section shall not prevent Brainsbuilder from seeking to obtain other legal remedies against you, including other damages or an injunction.
Suspension or Termination of Services
With or without notice to you, Brainsbuilder may suspend the Services for any duration and for any reason whatsoever including, but not limited to, violation of Brainsbuilder prohibitive uses, maintenance, new releases or other improvements, and/or to safeguard the integrity of the Services and/or Brainsbuilder's system.
If a non-paying account does not receive a candidate or respondent for 6 months or is not logged into for 6 months the account may be removed, along with all of the data, from Brainsbuilder.
Miscellaneous. This agreement shall be governed in accordance with the laws of England and Wales applicable to contracts entered into and wholly to be performed therein, without regard to that body of law applicable to conflicts of laws. Jurisdiction over any disputes arising under this agreement shall be exclusively with the courts of England and Wales. We may modify this agreement upon reasonable notice to you, and your continued use of our services after receiving such notice shall constitute your acceptance of such modifications. If any of the terms of this agreement are deemed to be unenforceable, the other terms shall be unaffected. If you have any questions regarding our this web site please write us at Brainsbuilder, 7 Falmer Road, Enfield, Middlesex, London EN1 1PZ, England, United Kingdom or contact us.