TERMS AND CONDITIONS OF USE FOR OUR WEBSITE

Welcome!
Welcome to the BrianPCleary.com website! We hope your experience on our website is both informative and useful. Please take a moment to read through the following terms and conditions carefully. They govern your access and use of this website. We believe that you have the right to know our requirements for use of our website. If for any reason you do not agree with any of the TERMS OF USE, you are not authorized to use or access any information on this website for any reason or purpose.

Who We Are:
This Site is published and maintained by either or all of the subsidiaries, affiliates, and/or related entities of Lerner Publishing Group. For the purposes of this document, “US” or “WE” or “OUR” hereby refers collectively to Lerner Publishing Group.

“USER” hereby refers to you, the Site user.

Terms and Conditions for the Use of This Site and Acceptance of Terms:
This Site is only for USER’S personal and noncommercial use. By accessing, browsing, and using OUR website, any subsite accessible through the Site home page and/or using any of the website services, including but not limited to OUR privacy policy, terms, and conditions for the sales of any goods and services, hypertext and other links to third-party websites, Content, and Marks (“Site”), USER automatically agrees to be subject to the terms and conditions for OUR website as listed herein (“TERMS OF USE”).

USER hereby acknowledges that USER has read these TERMS OF USE and that as a condition of USER’S use of the Site, USER hereby agrees to be legally bound by and to abide by the TERMS OF USE and will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. As long as USER complies with the TERMS OF USE, WE grant USER a nonexclusive, nontransferable, limited right to enter, display, and use this Site.

USER’S use of the Site for any other purpose not expressly stated in the TERMS OF USE is prohibited by law and may result in severe civil and criminal penalties.

The TERMS OF USE and/or Site Content May Change at Any Time without Prior Notification:
USER’S use of the Site is subject to the most current version of the TERMS OF USE. WE reserve the right to make revisions to the TERMS OF USE at any time, and USER shall be legally bound by any such revisions. Changes to the TERMS OF USE are effective at the time changes are posted on the Site. The most current version of the TERMS OF USE can be reviewed by clicking on the “TERMS OF USE” icon located at the bottom of OUR Site pages.

WE may add, change, discontinue, remove, or suspend any of the information, products, names, images, pictures, graphs, Marks, icons, documents and materials, or features and specifications of products described, depicted, or posted on the Site (“Content”) temporarily or permanently, at any time, without notice and without liability.

Use of This Site Is Restricted:
USER may not display, modify, remove, delete, add to, publish, transmit, upload, post, reproduce, publish, license, create derivative works from, decompile, reverse, download, or distribute or in any way exploit any of the Content on the Site or on other links to the Site or layout of the Site in part or in whole, in any form except as set forth herein. Notwithstanding the generality of the foregoing, USER may download only one (1) copy of the Content onto one computer to be used only by USER for USER’S personal use at home (excludes the Site design and layout, software, materials from third-party links provided by US). If USER downloads any Content from this Site, USER may not remove any copyright or trademark notices or other notices that go with it. Except as provided herein, downloading and distribution of materials, images, or Marks on this Site or from sites that link to this Site without copyright owner’s permission is strictly prohibited.

USER may not upload, post, e-mail, transmit, or otherwise make available any content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically, or otherwise objectionable. WE will fully cooperate with any law enforcement authorities or court order requesting or directing US to disclose the identity of anyone posting such materials.

Ownership and Intellectual Property Rights:
USER acknowledges and agrees that all trademarks, logos, service marks, and all other intellectual property displayed on the Site including elements (functions) of this Site (“Marks”) are the property of US or other third parties and that these rights to the Marks are valid and protected in all forms, media, and technologies existing now or hereinafter developed in the United States and other countries and are protected under such intellectual property laws. Nothing contained herein should be construed as granting, by implication, estoppel or otherwise, any license or right by USER to use, copy, or imitate in whole or in part the Marks.

We Are Not Liable for nor Do We Endorse Content on Links Found on OUR Site:
Links to third-party websites and the Content reflected on OUR Site from third parties are provided as a convenience to the USER and does not imply OUR endorsement, affiliation, sponsorship, approval of products, companies, content of publications, accuracy or completeness thereof or merchantability or fitness for a particular purpose of these third-party websites (“Endorsement”). WE provide these links for the USER in good faith and without warranty of any kind.

WE assume no liability for any damages USER may suffer from visiting such linked websites, including, without limitation, viruses or other destructive/disruptive code, which may be downloaded from such linked websites, and the completeness and accuracy of any information included on sites to which the Site is linked.

Termination of Site Use:
WE reserve the right in OUR sole discretion to refuse, terminate, suspend, or revoke USER’S authorization to view or access the Site for any reason, at any time, without notice. We reserve the right in the event WE determine that an order for OUR goods and services or Marks on the Site may be fraudulent, at OUR sole discretion, to refuse or cancel any such order, at any time and whether or not the order has been confirmed.

Disclaimer of Warranties and Damages/Limitation of Liability:
USER ACKNOWLEDGES AND AGREES THAT USER’S USE OF THE SITE IS AT USER’S OWN RISK. ALL PRODUCTS, MATERIALS, AND CONTENT PROVIDED ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OR CONDITIONS WITH REGARD TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS, IMPLIED OR STATUTORY, NONINFRINGEMENT AND TITLE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER IN ACTION BY CONTRACT, NEGLIGENCE, OR TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE OF THE SITE OR ANY SITES WHICH ARE LINKED TO THE SITE INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES ARISING OR RESULTING FROM THE USE OF OR ACCESS TO THE SITE, CONTENT ON THE SITE, OR LOSS OF USE OF THE SITE. WE DO NOT WARRANT THAT THE SERVICES AND CONTENT ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, AND ERROR FREE, THAT RELIANCE ON CONTENT OBTAINED FROM SITE OR FUNCTIONS CONTAINED ON THE SITE AND THE SERVER ON WHICH IT RESIDES ARE FREE FROM ERRORS, DEFECTS, OR VIRUSES, OR THAT SUCH ERRORS OR DEFECTS WILL BE FIXED.

Severability:
If any provision of the TERMS OF USE is deemed to be unlawful, void, or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is lawful, void, or unenforceable but shall not affect the validity or enforceability of the remaining provisions.

USER Indemnity:
USER agrees to indemnify and hold US and its officers, directors, agents, and employees harmless from and against all third-party claims and all damages, costs, liabilities, and expenses (including attorneys’ fees and expenses) arising out of or in connection with any third-party claim that is directly or indirectly based on any claim or demand made as a result of USER’S use of the Site and/or USER’S violation of the TERMS OF USE. WE reserve the right, at OUR own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by USER, and USER shall not in any event settle any matter without the written consent of US.

Collection of USER’S Personal Information:
The terms of OUR Privacy Policy governs use of USER’S personal information that WE collect and receive from USER (“Privacy Policy”). The Privacy Policy is hereby incorporated by reference into the TERMS OF USE.

OUR Privacy Policy May Change at Any Time without Prior Notification:
WE reserve the right to change the Privacy Policy at any time, and USER shall be legally bound by any such revisions. Changes to the Privacy Policy are effective at the time changes are posted. By continuing to use this Site after any changes are posted, USER is indicating acceptance of those changes. The most current version of the Privacy Policy can be reviewed by clicking on the “Privacy Policy” icon located at the bottom of OUR Site pages.

General Contact Information:
If USER has any questions about the TERMS of USE, the Site, its Content, or USER’S use of the Site, please feel free to contact US via:
1) e-mail: info@lernerbooks.com
2) phone: 1-800-328-4929

Procedure for Reporting TERMS OF USE Violations and Copyright Infringement Corrections:
USER may report infringement corrections or any violations of the TERMS OF USE by USER or any other person or any third-party claims arising from use of the Site by mail to:
Contracts & Rights Department
Lerner Publishing Group
241 First Avenue North
Minneapolis, MN 55401

Governing Law and Jurisdiction:
USER hereby acknowledges and agrees that although the Content may be read throughout the world, this Site is designed and intended for use in the United States. The TERMS OF USE and all matters relating to use of and access to the Site are governed by and construed in accordance with the laws of the United States and the State of Minnesota (without regard to its principles of conflicts of laws). USER hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction and venue of the state or federal courts located in Hennepin County, Minnesota.

If USER accesses this Site from another country, USER is responsible for compliance with any and all applicable local laws. If the Content does not conform to the laws of the country where USER accesses the Site, the Site is not meant for USER.

General Provisions:
The TERMS OF USE represents the entire understanding between USER and US regarding use and Content on the Site and supersedes any prior and subsequent statements or representations by US.