The Service contains graphics, information, data, editorial and other content accessible by any Internet user and similar content which is accessible only to members of our membership site, (the Content.) In the freely accessible areas of the Service, all Content is owned by its registered owner and/or copyrighted by BrainPond LLC, or third party providers and may be used only in accordance with this limited use license. Material posted to private teacher sites or public pages controlled by persons who created those public pages is owned by the person who created the material posted and is hosted by BrainPond LLC under the license contained in this Agreement. The Service is protected by copyright, individual elements in the case of content provided by BrainPond LLC and/or registered owners, and as a collective work and/or compilation as to the Service as a whole, pursuant to U.S. copyright laws, international conventions, and other copyright laws.

BrainPond LLC, and its third party suppliers make no representations concerning the suitability, reliability or accuracy of the Content or the service provided on the Service for any purpose. We and our third party suppliers disclaim all warranties, expressed or implied, in connection with the Content and the services provided on the Service, including conditions of merchantability, fitness for a particular purpose, title and non-infringement. In the case of goods or services purchased via the Service, any warranty is supplied by the manufacturer and BrainPond LLC, provides no such warranty. In no case will we or our third party providers be liable for any direct, indirect, punitive, special or other damages including, without limitation, lost or delay of use, lost profits, loss of data or any other damage in contract, tort, equity or any other legal theory, even if advised of the possibility thereof.

BrainPond LLC, may, from time to time, provide opportunities to users of the Web Service to link to or buy services from third parties. Sites of those third parties may be subject to terms and conditions which are different from those found here. BrainPond LLC makes no warranty concerning third party provided goods or services and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from BrainPond LLC.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply in part to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SERVICE.

1.1 As part of the registration process, you will select a password and Member name ("Username"). You must provide BrainPond LLC, with accurate, complete, and updated registration information. Failure to do so will breach this Agreement. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the Rights of any person other than yourself without authorization; or (iii) use a name that we, in our sole discretion, deem offensive.

1.3 You must be 18 years or older, or, if acting for a minor, grant permission as parent or guardian for that minor, to become a member. Logging in as a member of a BrainPond site is confirmation that the person logging in is an adult or has received permission from a parent or guardian to become a member of a site and/or to use the Service.

1.4 You are responsible for all usage or activity on The Service via your password. Distribution of your password for access to BrainPond LLC resources to others is expressly prohibited and shall constitute a breach of this agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your membership, at our sole discretion, and you may be referred to appropriate law enforcement agencies.

1.5 You are responsible for all content that you load or use. Pornographic material (none allowed by BrainPond LLC), use of material under copyright of a third party (unless formal authorization is provided in writing), audio or video distribution, excessive graphics, or any other activity that is illegal or detrimental to The Service will cause termination of service and legal action if appropriate (or required by law).

2.1 Continuous Service Membership. If you become a Subscriber to the Standard Services provided by BrainPond LLC, understand that membership in the Service is on a continuous service basis. This means that once you have become a subscribing member, your subscription will be automatically renewed and your credit card will be charged based on the subscription program (annual, monthly, etc.) you have chosen. Credit card charges will be processed but charges will not be applied until after any approved trial period but your member id and password will be sent via e-mail upon posting of the. Annual subscribers are scheduled be notified by e-mail 15 days before your subscription will end, asked to correct any information which has changed and given the opportunity to "opt out" of your renewal. You must act at least two days before the renewal date for the cancellation to be effective. Subscriptions shorter than 1 year can opt out of the renewal at least two days before the renewal date for the cancellation to be effective but due to the frequency of the renewals, notification via e-mail is not guaranteed.

2.2 Subscription costs may be changed by BrainPond at any time and each renewal of your subscription will be at the then standard renewal cost for the period which you originally selected when you subscribed.

3.1 Lawful Use. The user shall use the BrainPond LLC site(s) for lawful purposes only. The user shall not post or transmit through any BrainPond LLC site any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains advertising or any solicitation with respect to products or services, unless BrainPond LLC has expressly approved in writing such material in advance of its transmission. Any conduct by a User that in BrainPond LLC's discretion restricts or inhibits any other user from using or enjoying any BrainPond LLC site is expressly prohibited.

3.2 Downloading of Intellectual Property. The BrainPond LLC sites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, portions of which are owned by BrainPond LLC and portions of which are owned by other parties with BrainPond LLC operating under the terms and conditions of those portions. No User may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of BrainPond LLC (or the copyright owner(s) if other than or in addition to BrainPond LLC). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made. user acknowledges that he/she does not acquire any ownership rights by downloading copyrighted material.

3.3 Uploading of Intellectual Property. User shall not upload, post or otherwise make available on any BrainPond LLC site any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with user. user shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of any BrainPond LLC site, User automatically grants, or warrants that the owner of such material has expressly granted, BrainPond LLC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. user also permits any other user to access, view, store or reproduce the material for that user's personal use. user hereby grants BrainPond LLC the right to edit, copy, publish and distribute any material made available on any BrainPond LLC resource by User.

3.4 Trademarks. Unless otherwise indicated, trademarks that appear on this site are trademarks of BrainPond LLC or its affiliates. All other trademarks not owned by BrainPond LLC or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BrainPond LLC or its affiliates.

3.4 No Resale of Service.  You agree not to reproduce, duplicate, or copy any portion of BrainPond LLC's services, use of BrainPond LLC services, or access to BrainPond LLC's services.

4.1 No Responsibility or Liability. To the extent that portions of the BrainPond.com (such as 'chat rooms' or 'bulletin boards') provide users an opportunity to post and exchange information, ideas and opinions ('Postings'), BE ADVISED THAT BRAINPOND LLC DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON ANY BRAINPOND LLC SITE, and Postings do not necessarily reflect the views of BrainPond LLC. To the fullest extent permitted by applicable laws, BrainPond LLC shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on any BrainPond LLC site.

4.4 Authorize Others to Use. You hereby authorize BrainPond LLC to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that BrainPond LLC or such other parties see fit. You shall have no claim or other recourse against BrainPond LLC for infringement of any proprietary right in Postings.


 4.5 With respect to all Content you elect to post, upload, input, provide, or submit to BrainPond LLC's services, you grant BrainPond LLC the royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed

BrainPond LLC has the right, at its sole discretion, to modify this Agreement or the Service at any time. Changes in service will be posted on BrainPond LLC website(s), or sent via e-mail, or postal mail to you. If any portion of this Agreement or any change of this Agreement of the Service is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you should discontinue use of the Service. Continued use of the Service now or following changes in this Agreement means that you have accepted and are bound by the changes.

6.1 This Agreement is governed by the law of the State of Mississippi, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Any action to enforce this Agreement shall be brought in the federal or state courts located in Jackson.