Terms of Service

These terms and conditions of use apply exclusively to your access to and use of the Center for Behavior and Climate website,  ("The Center for Behavior and Climate" or "CBC") website (the "Site") and do not alter in any way the terms and conditions of any other agreement you may have with The Center for Behavior and Climate or Behavior Development Solutions for products, services or otherwise. If you do not agree with any of these terms, do not access or otherwise use this Site or any information or materials contained on the Site. Your use of the Site shall be deemed to be your agreement to abide by each of the terms set forth below. 

Privacy Policy

Your use of the Site is governed by the Center for Behavior and Climate's Privacy Policy and incorporated by reference into these terms.

Use of Copyrighted Materials/Trademarks

Any materials on the Site, including without limitation any documentation, instructional content, text, data, graphics, images, interfaces or other materials or works of authorship, (the "Materials") unless otherwise indicated are copyrighted materials owned by or licensed to The Center for Behavior and Climate. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by The Center for Behavior and Climate or Behavior Development Solutions and its affiliates. The Site may also contain or display brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Unless otherwise specified, with the exception of your own personal data reports, you are not authorized to print, electronically copy, store, or otherwise retain or share with anyone the Materials. Third party content is subject to the restrictions set by its owner(s). 

Any product, process or technology described in the Materials or offered for sale through the Site may be subject to other intellectual property rights reserved by The Center for Behavior and Climate, Behavior Development Solutions, its affiliates, or third parties. Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of The Center for Behavior and Climate, Behavior Development Solutions, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Site are expressly reserved to The Center for Behavior and Climate, Behavior Development Solutions, its affiliates, and/or any third party, as applicable.

Prohibition of Framing or Framing Techniques

You may not use, frame, or utilize framing techniques to enclose any Center for Behavior and Climate or Behavior Development Solution trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of The Center for Behavior and Climate.

Links to Third Party Websites

The Site may be linked to other websites that are not affiliated with, under the control of, or otherwise maintained by The Center for Behavior and Climate.  The Center for Behavior and Climate does not make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk. 

Password Restricted Areas of the Website 

Certain areas of the Site may be password restricted to registered users ("Password-Protected Areas"). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify The Center for Behavior and Climate if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify The Center for Behavior and Climate of any unauthorized use of your account or any other breach of security in relation to your password or the Site that is known to you. When you purchase a subscription to a course, or a subscription is purchased on your behalf, it is for your sole individual use only. You agree that you will not share the username or password with anyone else. If it becomes apparent that anyone other than yourself has logged in or accessed the software on your account, the subscription will be suspended and the software disabled. You will be required to contact The Center for Behavior and Climate to request a re-instatement.  If CBC decides to reinstate the license, a re-instatement fee will apply

Submissions

You acknowledge that you are responsible for the information and material that you submit to the Site through email or otherwise (each a "Submission"), and that you, and not the Center for Behavior and Climate, will have full responsibility for each of your Submissions, including its legality, reliability, appropriateness, originality and copyright. As such, you agree to indemnify and hold the Center for Behavior and Climate entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by you in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your Submissions, your use of the Site, or the use of the Site by any person using your screen name and/or password violates any applicable law or regulation, or the rights of any third party. All personal data provided to the Center for Behavior and Climate will be handled in accordance with the Center for Behavior and Climate's Privacy Statement. Any non-personal material, information or ideas you transmit to or post on the Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by the Center for Behavior and Climate for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.

Disclaimer of Warranties

The Center for Behavior and Climate, and Behavior Development Solutions makes no, and hereby disclaims all warranties, express, implied and statutory, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third party rights. You acknowledge and agree that The Center for Behavior and Climate does not warrant that access to the service and the site will be uninterrupted, error-free or without compromise or infiltration of security systems.

Limitation of Liability

The Center for Behavior and Climate will not be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether The Center for Behavior and Climate has been advised of the possibility of such damages. Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of The Center for Behavior and Climate for damages under this Agreement exceed one hundred dollars ($100.00).

Revisions to this Agreement

You agree that The Center for Behavior and Climate can revise these Terms at any time by updating this posting on the Site. In the event that The Center for Behavior and Climate makes a material change (which will be determined solely by CBC), a notification will be transmitted to customers and users via email and/or the messaging feature built into the CBC/BDS learning platform. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c), (2), notifications of claimed copyright infringement should be sent to The Center for Behavior and Climate's copyright agent. If you believe that Material, or portions of Materials, have been copied in any way that constitutes copyright infringement, please provide the information requested below. Please note that this procedure is exclusively for notifying The Center for Behavior and Climate regarding allegedly infringing Materials published on the Web Site. When providing notice, please provide the following information:

• An electronic or physical signature of the person authorized to act on behalf of the copyrighted work that you believe is being infringed;
• A description of the copyrighted work you claim has been infringed;
• A description of the location of the allegedly infringing Materials on the Web Site;
• Your name, address, telephone number and email address; and
• A statement regarding why you believe in good faith that the use of the copyrighted material is not authorized by the copyright owner, its agent, or law.

The Center for Behavior and Climate's designated agent to receive notices of copyright infringement is Stephen Eversole, founder of the Center for Behavior and Climate and Behavior Development Solutions. You can contact Dr. Eversole at:

Behavior Development Solutions
28672 Derry Court
Bonita Springs, FL 34135
Toll Free: 1-866-823-4283
Fax: 475-235-3169
Email: support@behaviordevelopmentsolutions.com

General Provisions

Enforcement of these Terms and Conditions will be governed by Connecticut law, excluding its conflict and choice of  law principles. The exclusive jurisdiction and venue for any claims arising out of or related to this Agreement or your use of the Site will lie in Connecticut, and/or the United States District Court for Connecticut, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of The Center for Behavior and Climate to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by The Center for Behavior and Climate in writing. In the event that a court of competent jurisdiction finds any provision of these Terms and Conditions to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.

Contact Us 

The Center for Behavior and Climate can be reached using the contact information on the Contact Us page