Terms of Use
Terms of Use: Brainchild Achievement Center, 9302 N.
Meridian Street, Suite 355 Indianapolis, IN
Brainchild Achievement Center Web Site Agreement
The Brainchild Achievement Center Web Site (the
"Site") is an online information service provided by
Brainchild Achievement Center ("Brainchild Achievement
Center
"), subject to your compliance with the terms and conditions set
forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE. Brainchild Achievement
Center MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE
MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND
YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions:
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are Brainchild Achievement Center, its affiliates or
other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN
ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your
own non-commercial use provided that you agree not to change or
delete any copyright or proprietary notices from the materials.
You agree to grant to Brainchild Achievement Center a
non-exclusive, royalty-free, worldwide, perpetual license, with
the right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products
and services) you submit to any public areas of the Site (such
as bulletin boards, forums and newsgroups) or by e-mail to
Brainchild Achievement Center by all means and in any media now
known or hereafter developed. You also grant to Brainchild
Achievement Center the right to use your name in connection with
the submitted materials and other information as well as in
connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no
recourse against Brainchild Achievement Center for any alleged
or actual infringement or misappropriation of any proprietary
right in your communications to Brainchild Achievement Center.
TRADEMARKS.
Publications, products, content or services
referenced herein or on the Site are the exclusive trademarks or
servicemarks of Brainchild Achievement Center. Other product and
company names mentioned in the Site may be the trademarks of
their respective owners.
2. Use of the Site:
You understand that, except for information, products or
services clearly identified as being supplied by Brainchild
Achievement Center, Brainchild Achievement Center does not
operate, control or endorse any information, products or
services on the Internet in any way. Except for Brainchild
Achievement Center- identified information, products or services,
all information, products and services offered through the Site
or on the Internet generally are offered by third parties, that
are not affiliated with Brainchild Achievement Center a. You
also understand that Brainchild Achievement Center cannot and
does not guarantee or warrant that files available for
downloading through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Site for the
reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SITE AND THE INTERNET. Brainchild Achievement
Center PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND
DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND Brainchild Achievement Center SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
Brainchild Achievement Center DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF
THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE
SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO
SUCH MATERIALS IS AT YOUR RISK. Brainchild Achievement Center
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR
SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Brainchild Achievement Center BE LIABLE FOR (I)
ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF Brainchild Achievement Center OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR
INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, Brainchild Achievement Center
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Brainchild Achievement Center makes no
representations whatsoever about any other web site which you
may access through this one or which may link to this Site. When
you access a non-Brainchild Achievement Center web site, please
understand that it is independent from Brainchild Achievement
Center, and that Brainchild Achievement Center has no control
over the content on that web site. In addition, a link to a
Brainchild Achievement Center web site does not mean that
Brainchild Achievement Center endorses or accepts any
responsibility for the content, or the use, of such web site.
3. Indemnification:
You agree to indemnify, defend and hold harmless Brainchild Achievement
Center, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers
to the Service from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from
any violation of this Agreement (including negligent or wrongful
conduct) by you or any other person accessing the Service.
4. Third Party Rights:
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of Brainchild Achievement
Center and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers
to the Service. Each of these individuals or entities shall have
the right to assert and enforce those provisions directly
against you on its own behalf.
5. Term; Termination:
This Agreement may be terminated by either party without notice
at any time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous:
This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to
agreements made and to be performed in The United States of
America. You agree that any legal action or proceeding between
Brainchild Achievement Center and you for any purpose concerning
this Agreement or the parties' obligations hereunder shall be
brought exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America . Any cause
of action or claim you may have with respect to the Service must
be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred.
Brainchild Achievement Center's failure to insist upon or
enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement.
Brainchild Achievement Center may assign its rights and duties
under this Agreement to any party at any time without notice to
you.
Any rights not expressly granted herein are
reserved.
Your Health Information Privacy Rights
You have privacy rights under a federal law that protects your health information. These rights are important for you to know. You can exercise these rights, ask questions about them, and file a complaint if you think your rights are being denied or your health information isn’t being protected.
We want you to know how your
Patient Health Information (PHI) is going to be used in this
office and your rights concerning those records. Before we will
begin any health care operations we must require you to
read and
sign this Patient Health Information Consent Form stating that you understand and agree
with how your records will be used.
If you would like to have a
more detailed account of our policies and procedures concerning
the privacy of your Patient Health Information we encourage you
to read the HIPAA NOTICE that is available to you at the front
desk before signing this consent.
For more information, download this
brief summary of
your rights and protections
under the federal health
information privacy law. You
can ask your provider or
health insurer questions about
how your health information
is used or shared and about
your rights. You also can
learn more, including how to
file a complaint with the U.S.
Government, at the website at
www.hhs.gov/ocr/hipaa/.
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