Welcome to Circle of Education® Website/Mobile Application. The Circle of Education® Website/Mobile Application is owed by delibrainy LLC.
Delibrainy LLC may at any time revise or modify this Agreement or impose new conditions for use of this Website/Mobile Application. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the Website/Mobile Application. Any continued use of the Website/Mobile Application by you after such changes, revisions or modifications shall be deemed to constitute acceptance of such changes, revisions or modifications to this Website/Mobile Application and this Agreement.
ALL CONTENT ON THIS WEBSITE/MOBILE APPLICATION IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. DELIBRAINY LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THISWEBSITE/MOBILE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE/MOBILE APPLICATION OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THIS WEBSITE/MOBILE APPLICATION IS FREE OF VIRUSES.
The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
Limitation of Liability
DELIBRAINY LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THIS WEBSITE/MOBILE APPLICATION, EVEN IF DELIBRAINY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THIS WEBSITE/MOBILE APPLICATION, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THIS WEBSITE/MOBILE APPLICATION. OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS WEBSITE/MOBILE APPLICATION, OR RELATED INFORMATION OR PROGRAMS. FURTHER, DELIBRAINY LLC SHALL NOT BE LIABLE FOR ANY OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS WEBSITE/MOBILE APPLICATION.
If you violate any terms of this Agreement or if you misuse this Website/Mobile Application, you agree to defend, indemnify and hold harmless delibrainy LLC, its employees, agents and licensees from any and all liability including costs, expenses and attorneys’ fees that arise out of or are related to your violation or misuse.
This Website/Mobile Application is protected by United States’ copyright laws. Except for your informational, personal, non-commercial use, you may not modify, reproduce or distribute the design or layout of this Website/Mobile Application, or individual sections of the design or layout of this Website/Mobile Application or Circle of Education®, tuneTOON® or delibrainy LLC’ logos without our written permission.
The logos and service marks (collectively, the “Marks”) displayed on this Website/Mobile Application are registered and unregistered Marks of Dr. Shulamit and David Ritblatt or third parties. Nothing contained in this Website/Mobile Application should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Marks. Unauthorized use of any Marks may be a violation of federal and state laws.
Getty Images or other image licensing sources
Some of the images set forth on this Website/Mobile Application are provided by Getty Images or other image licensing sources. delibrainy LLC prohibits downloading, republication, retransmission, reproduction or other use of the any image on this Website/Mobile Application.
Any controversy or claim arising under or related to this Agreement shall be governed by the laws of the State of California, USA. All proceedings shall be conducted in the state or federal courts of San Diego County, San Diego, California, USA. You hereby consent to the jurisdiction and venue of such courts.
HIPAA Notice of Privacy Practice
HIPAA protects the privacy of individually identifiable health information. delibrainy LLC follows all HIPPA privacy requirements. To read about privacy practices regarding health and medical information under Health Insurance Portability and Accountability Act (“HIPAA”), please visit www.hhs.gov/ocr/hipaa/.
We take precautions to protect your information. Whenever you submit sensitive information through this Website/Mobile Application, such as your name, your child’s name or telephone number, your information is protected both online and offline. We store personally identifiable information in the cloud on computers and servers that are owned by USA based companies that keep the information in a secure environment. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job, for example billing or customer service, are granted access to personally identifiable information.
Certain areas of this Website/Mobile Application enable you to submit e-mails, join our newsletter, blog and other social media or otherwise provide testimonials or information to delibrainy LLC. You agree that by submitting content to delibrainy LLC through this Website/Mobile Application that:
- You will only submit content that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another’s
- We are the sole owners of the information collected on this Website/Mobile Application. We only have access to collect information that you voluntarily give us via email or other means from
- If you provide any testimonials including images about Circle of Education® program to delibrainy LLC, we may use them for business and marketing Testimonials may include your name and other personal information you provide when you submit your testimonial to us.
- If you join our newsletter, blog or other social media, you will be asked to provide certain information about yourself, such as your e-mail address, your preferences for certain kinds of information, and other forms of demographic details. This data will never be shared with unaffiliated third parties, but will be used to provide you with a customized newsletter based upon your preferences. Further, we may contact you via email in the future regarding specials, offers, and/or
- You understand and agree that such content that is submitted to a feedback or comment page, will be deemed non-confidential.
- You grant to delibrainy LLC, its partners, its licensees, its producers and publishers of its promotional material and its and their successors and assigns, the irrevocable right to unconditionally and perpetually reproduce, copy, store, transmit, publish, display, adapt and/or otherwise use or reuse your name, statements, testimonials, feedback, as well as any other materials you submit, in any manner or media (whether known or hereafter devised), worldwide, without notice or compensation, for any Subject to applicable laws, delibrainy LLC shall be free to use such information for any reason and in any manner.
- Subject to applicable law, you waive any rights of privacy, intellectual property rights, and other rights that may preclude delibrainy LLC from using your feedback and related materials or
We use “cookies” on this Website/Mobile Application. A cookie is a piece of data stored on a visitor’s hard drive to help us improve your access to our Website/Mobile Application and identify repeat visitors. Cookies can also enable us to track and target the interests of our users to enhance the experience on our Website/Mobile Application. Usage of a cookie is in no way linked to any personally identifiable information on our Website/Mobile Application.
Your Access to and Control over Information
You may opt out of any future contacts from us at any time by contacting us via the email address or phone number given on our Website/Mobile Application. If you feel that we are not abiding by our privacy commitments, please contact us immediately via the email address or phone number given on our Website/Mobile Application.