Terms of Service

ACCEPTANCE OF TERMS

Scientific Learning Corporation (SLC) owns and operates the TheNewScienceOfLearning.com website (the “Site”).  By using this website you agree to these terms of service.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) SLC MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU AS A RESULT OF USING THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THENEWSCIENCEOFLEARNING.COM OR THROUGH OR FROM THENEWSCIENCEOFLEARNING.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR ANY PART THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO AS A RESULT OF YOUR VISITING THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.

RELEASE

YOU HEREBY RELEASE AND FOREVER DISCHARGE SLC, ITS OFFICERS AND DIRECTORS, AND ITS EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS “RELEASED PARTIES”, FROM ALL ACTIONS, CAUSES OF ACTION, INJURIES, CLAIMS, DAMAGES, COSTS OR EXPENSES OF ANY KIND GROWING OUT OF OR RELATED TO YOUR USE OF THE SITE.  YOU UNDERSTAND THIS IS A FULL AND COMPLETE RELEASE TO THE MAXIMUM EXTENT ALLOWED BY LAW OF ALL CLAIMS AND DAMAGES YOU MAY HAVE AS A RESULT OF YOUR USE OF THE SITE REGARDLESS OF THE SPECIFIC CAUSE THEREOF. 

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY THE LIMITATIONS SET FORTH IN “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITIES” MAY NOT APPLY TO YOU.

INDEMNITY

You agree to indemnify and hold SLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the Site,  your connection to the Site, your violation of the TOS, or your violation of any rights of another. 

MODIFICATIONS

We reserve the right to modify or discontinue the Site, temporarily or permanently, with or without notice at any time. You agree that SLC shall not be liable to you or to any third party for any such modification, suspension, or discontinuance..

LINKS

The Site, or relevant third parties, may provide links to other websites or resources not owned and operated by SLC.. Because we have no control over such sites and resources, you acknowledge and agree that SLC is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. We do not endorse or adopt, and make no representation or warranty as to the safety, accuracy, or completeness of, those websites or their content.  You further acknowledge and agree that SLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

PROPRIETARY RIGHTS

You acknowledge and agree that the Site may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All Site content, code and specifications, and all other related content, code and specifications, are made available subject to their express or implied licenses. Except as expressly authorized by SLC, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site, in whole or in part. 

REVISIONS AND MODIFICATIONS TO THE TOS

SLC may at any time revise these TOS by updating this posting. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current TOS to which you are bound.

CHOICE OF LAW AND FORUM

These TOS shall be governed by and in accordance with the laws of the state of California, excluding its conflicts of law terms.  You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these TOS or the website located at www.thenewscienceoflearning.com shall be filed only in the state or federal courts located in San Francisco, CaliforniaYou further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action and covenant not to bring a claim in any other forum.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, the TOS, and the documents to which the TOS expressly refer,  constitute the entire agreement between you and SLC with respect to the Site and your use thereof or access thereto, and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and SLC with respect to the Site.  If any part of these Terms are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.