Terms of Use

Terms of Use

www.thebrookacademy.com (together with any successor site(s) and all services offered through the site, the “Site”) is operated by The Brook Academy (“we,” “us”).  Your use of the Site is governed by these Terms of Use  (this “Agreement”), regardless of how you access the Site (including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network, or otherwise).

1. Terms of Use

By using the Site, you agree to the terms of this Agreement and to any additional rules and guidelines that we post on the Site.  We may make changes to this Agreement from time to time; we may or may not notify you of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site.  You can determine when we last changed this Agreement by referring to the “LAST UPDATED” legend above.  Your use of the Site following changes to this Agreement will constitute your acceptance of those changes.  We may, at any time, modify or discontinue all or part of the Site; refuse to provide any user with access to the Site; charge, modify, or waive fees required to use the Site; or offer opportunities to some or all Site users.  Please review the Terms of Use conditions carefully before you use this website.

2. Jurisdiction.  The Site is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement.  The Site may not be appropriate or available for use in some jurisdictions outside of the United States.    If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations.  We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.

3. Copyright and trademark

Unless otherwise noted, all materials on this site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by The Brook Academy.  All rights not expressly granted are reserved.

Copyright Notice.

The information presented on this website is protected under American and International laws governing copyright and intellectual property. All rights are reserved, including icons and photographs. No part of the site may be reproduced in any form without the express consent of The Brook Academy. Text may be printed on the conditions that if 1) no charge applies for their distribution 2) data integrity is preserved, that is, the text and graphics are not modified or altered, and 3) the source is clearly cited as follows: “Copied from the website of The Brook Academy, http://www.TheBrookAcademy.com. All rights reserved.” For any other use, please contact us.

DMCA Notice.

If you claim any copyright infringement by this site, you must notify us by mail at:

Webmaster
The Brook Academy

49 East Midland Avenue

Paramus, NJ 07652

You must state how the alleged copyright infringement exists and provide us with an opportunity to respond and change the content.

4. Rules of Conduct.  While using the Site you will comply with all applicable laws, rules, and regulations.  In addition, we expect users of the Site to respect the rights and dignity of others.  Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site.  You agree that you will not:

  • Use the Site for any fraudulent or unlawful purpose.
  • Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.
  • Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
  • Transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may  or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
  • Restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).
  • Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
  • Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
  • Frame or mirror any part of the Site without our express prior written consent.
  • Create a database by systematically downloading and storing Site content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent.  Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.  We reserve the right to revoke these exceptions either generally or in specific instances.

5. Personal use

Your use of the materials included on this site is for informational purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this site in any way. You agree to indemnify, defend and hold harmless The Brook Academy for any and all unauthorized uses you may make of any material on the site. You acknowledge the unauthorized use of the contents could cause irreparable harm to The Brook Academy and that in the event of an unauthorized use, The Brook Academy shall be entitled to an injunction in addition to any other remedies available at law or in equity.

6. Feedback and submissions

You may need to register to use part(s) of the Site.  We may reject, or require that you change, any user name, password, or other information that you provide to us in registering.  Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account.  You agree you are and shall remain solely responsible for the contents of any submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).

7. Accuracy of Information.  We attempt to ensure that information on this Site is complete, accurate, and current.  Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete, or out of date.  We make no representation as to the completeness, accuracy, or currentness of any information on this Site.

8. Our Proprietary Rights.  We and our respective licensors and suppliers own the information and materials made available through the Site.  Such information and materials may be protected by copyright, trademark, patent, and/or other proprietary rights and laws.  Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.

Our trademarks and service marks include, without limitation, The Brook Academy, The Brook, Lil Angels and any associated trademarks, service marks, and logos.  All trademarks and service marks on the Site not owned by us are the property of their respective owners.  You may not use our trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.  Nothing contained on the Site should be construed as granting any license or right to use any trademarks or service marks without express prior written consent of the owner.

PLEASE NOTE THAT UNAUTHORIZED USE OF ANY SERVICE, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

9. Links

The Site may provide links to other web sites and online resources.  We are not responsible for and do not endorse such external sites or resources.  Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site.  YOUR USE OF THIRD-PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK. Additionally, we may provide tools to allow you to link to the Site directly from a third-party site; if you do link to the Site (whether using such tools or otherwise), you agree that you will disable and remove any such link promptly upon our request. 

10. Limitations of Liability and Disclaimers.  THE SITE AND ALL GOODS, SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SITE AND ALL SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.  WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SITE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE AND (B)  ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE.  YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.  FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE SITE OR FROM ANY INFORMATION OR MATERIALS ON THE SITE.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.  OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SITE.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

While we try to maintain the security of the Site, we do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted.  Additionally, third parties may make unauthorized alterations to the Site.  If you become aware of any unauthorized third party alterations to the Site, contact us at info@thebrookacademy.com with a description of the material(s) at issue and the URL or location of such materials.

11. Disclaimer.  The Brook Academy does not guarantee that the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or that defects will be corrected even if The Brook Academy is aware of them.

12. Indemnity.  Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold us or our affiliates harmless from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or (b) any violation of this Agreement by you.

13.  Termination.  This Agreement is effective until terminated.  We may, at any time and for any reason, terminate your access to or use of:  (a)  the Site, (b) your user name and password or (c) any files or information associated with your user name and password.  If we terminate your access to the Site, you will not have the right to bring claims against us or our affiliates with respect to such termination.  We and our affiliates shall not be liable for any termination of your access to the Site or to any such information or files, and (except as may be required under mandatory applicable law) shall not be required to make such information or files available to you after any such termination.  We may take steps that we believe are appropriate to enforce or verify compliance with any part of this Agreement (including our right to cooperate with any legal process relating to your use of the Site or any third-party claim that your use of the Site is unlawful or infringes such third party’s rights).  Sections 1, 2, 3, 5, 8-14, and 19 shall survive any expiration or termination of this Agreement.

14. Governing Law; Dispute Resolution.  You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of New Jersey, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Bergen County, New Jersey, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections thereto.

15. Filtering.  Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of such protections is available at:  http://kids.getnetwise.org/ andhttp://onguardonline.gov/.  Please note that we do not endorse any of the products or services listed at these sites.

16. Information or Complaints.  If you have a question or complaint regarding the Site, please feel free to contact us via email at info@thebrookacademy.com.  Email communications are not necessarily secure, so please do not include sensitive information in any email to us.  You may also contact us at:
The Brook Academy

49 East Midland Avenue

Paramus, NJ 07652

17. Ability to Enter Into This Agreement.  By using the Site, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement.

18. Contact Us.  If you have any questions regarding the meaning or application of this Agreement, please direct such questions to info@thebrookacademy.com.  Email communications are not necessarily secure, so please do not include sensitive information in any email to us.

19. Miscellaneous.  This Agreement does not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us.  If any provision of this Agreement is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision.  You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.  No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.  This Agreement hereby incorporates by this reference any additional terms that we post on the Site (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.  Notices to you may be made via posting to the Site, by email, or by regular mail, in our discretion.

We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices.  You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

All materials © 2011 The Brook Academy unless otherwise noted.  All rights reserved.

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