Terms of Use and Privacy Policy

eBrownbag.com, LLC AGREEMENT of Terms of Use

By using materials copyrighted and owned by eBrownbag.com, LLC, you are accepting this AGREEMENT of Terms of Use (this "AGREEMENT") and our Privacy Policy.

This AGREEMENT is made by and between eBrownbag.com, LLC, a Delaware limited liability company ("eBrownbag.com, LLC"), and you, a user of eBrownbag.com, LLC materials. This AGREEMENT sets forth the terms and conditions that apply to your use of materials owned by eBrownbag.com, LLC and its affiliates, including, but not limited to, DVD copies of presentations and supplementary materials.

Applicability of This AGREEMENT

This AGREEMENT applies to you and eBrownbag.com, LLC and its affiliates.

Your Right To Access and Use Websites and Materials of eBrownbag.com, LLC

Your right to access and use eBrownbag.com, LLC materials is personal to you and is not transferable by you to any other person or entity. You are entitled to access and use eBrownbag.com, LLC materials only for lawful purposes and only pursuant to the terms and conditions of this AGREEMENT.

Your Compliance with this AGREEMENT

In order to determine your compliance with this AGREEMENT, eBrownbag.com, LLC may monitor your access and use eBrownbag.com, LLC materials, in accordance with eBrownbag.com, LLC’s Privacy Policy for eBrownbag.com, LLC.

Any action by you that, in eBrownbag.com, LLC’s sole discretion, violates the terms and conditions of this AGREEMENT shall not be permitted, and may result in your loss of the right to access and use eBrownbag.com, LLC materials.

eBrownbag.com, LLC’s Intellectual Property Rights

The names "eBrownbag.com, LLC" and the eBrownbag.com, LLC trademarks, logos, and graphics are trademarks of eBrownbag.com, LLC, and may not be used by you without the prior express written permission of eBrownbag.com, LLC, which permission may be withheld in eBrownbag.com, LLC’s sole discretion.

The data and content viewable on, contained in, or downloadable from, eBrownbag.com, LLC, including, without limitation, the coursework available on eBrownbag.com, LLC (collectively, the "Content"), is copyrighted by eBrownbag.com, LLC and/or other third parties. eBrownbag.com, LLC also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display, and enhancement of the Content. Any duplication of the Content, in whole or in part, by any means whatsoever and for any purpose whatsoever, is strictly prohibited, unless such duplication shall be specifically authorized in writing by a legal representative of eBrownbag.com, LLC.

Viewing, reading, printing, downloading or otherwise using the Content does not entitle you to any ownership or intellectual property rights to the Content.

You shall be solely responsible for any damage resulting from your infringement of eBrownbag.com, LLC’s and other third parties' intellectual property rights regarding the "eBrownbag.com, LLC" name, the eBrownbag.com, LLC trademarks, logos and graphics, and/or the Content, and/or any other harm incurred by eBrownbag.com, LLC or third parties as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using any of the same for purposes that are contrary to the terms and conditions of this AGREEMENT.

Framing, Linking and Metatagging eBrownbag.com, LLC

You may not frame or utilize any framing techniques regarding eBrownbag.com, LLC and/or the Content. You may not link to eBrownbag.com, LLC without the express written permission of eBrownbag.com, LLC. You may not use any metatags or any other hidden text utilizing eBrownbag.com, LLC or any of eBrownbag.com, LLC’s trademarks.

Your Use of the Content

Without the prior written consent of eBrownbag.com, LLC, you may only print, download or otherwise use the written, nonvideo Content in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your noncommercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content. Except as otherwise permitted under the copyright laws of the United States, no other copying, compilation, distribution, redistribution, transmission, publication, or use of the Content, other than the non-commercial use of the Content as permitted by this AGREEMENT, is permitted by you without the express prior written permission of eBrownbag.com, LLC, which permission may be withheld in eBrownbag.com, LLC’s sole discretion.

eBrownbag.com, LLC Makes No Representations or Warranties about the Content or the Merchandise

The Content is being provided to you on an "as-is" basis, and is made available via DVDs (the Merchandise) sold on eBrownbag.com, LLC. eBrownbag.com, LLC does not make any representations, warranties, or guarantees, express or implied, about the accuracy, correctness, or completeness of the Content and/or the Merchandise, nor the safety, reliability, title, merchantability, conformity, or fitness for a particular purpose of the Content and/or the Merchandise. It is your sole responsibility to independently evaluate the accuracy, correctness, completeness, safety, and reliability of the Content and the Merchandise.

eBrownbag.com, LLC makes no representation, warranty, or guarantee that eBrownbag.com, LLC or the Content is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots, or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Your Responsibility for Equipment and Related Costs

You are responsible for obtaining and maintaining all equipment and/or services needed to access and use eBrownbag.com, LLC materials.

Limitations on eBrownbag.com, LLC’s Liability

eBrownbag.com, LLC shall in no event be responsible to, or liable to, you or any third party, whether in contract, warranty, tort (including negligence), statutory liability, or otherwise, for any damages, including, but not limited to, special, incidental, indirect, or consequential damages that include, but are not limited to, damages for any loss of profit, loss of revenue, or loss of business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this AGREEMENT; (ii) your downloading of any of the Content for your use; or (iii) your reliance upon or use of the Content and/or the Merchandise. Use of the Content and/or the Merchandise is at your sole risk.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these state laws apply to you, some or all of the above limitations on eBrownbag.com, LLC’s liability may not apply to you, and you may have additional rights. The Merchandise purchased via eBrownbag.com, LLC is subject to a shipment contract. Risk of loss and title to the Merchandise passes to you pursuant to the carrier's shipment contract.

Your Indemnification of eBrownbag.com, LLC

You shall defend, indemnify, and hold harmless eBrownbag.com, LLC and its officers, directors, shareholders, employees, independent contractors, agents, representatives, affiliates, successors, and assigns from and against all claims and expenses, including, but not limited to, reasonable attorneys' fees, expert-witness fees, court costs, and other costs of dispute resolution arising out of, or attributable to: (i) any breach or violation of this AGREEMENT by you; (ii) your failure to provide accurate, complete, and current personally identifiable information requested pursuant to registration; (iii) your access or use of eBrownbag.com, LLC; (iv) your access or use of eBrownbag.com, LLC under any username or password that may be issued to you by eBrownbag.com, LLC; and/or (v) your use of the Content and/or the Merchandise.

Amendments of this AGREEMENT

eBrownbag.com, LLC reserves the right to amend this AGREEMENT at any time in its sole discretion and without notice. Your right to access and use eBrownbag.com, LLC materials is subject only to our most current AGREEMENT of Terms of Use. Changes, revisions or deletions with regard to this AGREEMENT shall be effective immediately upon their inclusion in, or deletion from, this AGREEMENT, and the posting of the same in this AGREEMENT on eBrownbag.com, LLC.

You are advised and encouraged to visit eBrownbag.com, LLC on a regular basis to review our most current AGREEMENT of Terms of Use, and review any changes that may have been made. Unless you elect to opt out of this AGREEMENT, you agree to be bound by our most current AGREEMENT of Terms of Use, including any changes that have been made.

If at any time you wish to opt out of this AGREEMENT, please contact eBrownbag.com, LLC via our contact form. However, keep in mind that your opting-out of this AGREEMENT cancels your ability to access and use websites and materials of eBrownbag.com, LLC.

eBrownbag.com, LLC’s Remedies

You acknowledge that eBrownbag.com, LLC may be irreparably damaged if this AGREEMENT is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this AGREEMENT by you, eBrownbag.com, LLC shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this AGREEMENT.

For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record in Montgomery County, Maryland. You consent to the jurisdiction of such courts and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Termination of this AGREEMENT

You may terminate or opt out of this AGREEMENT at any time by contacting eBrownbag.com, LLC via our contact form. Termination or opting out of this AGREEMENT by you shall result in your loss of the right to access and use eBrownbag.com, LLC materials. Following your termination or opting out of this AGREEMENT, the provisions of this AGREEMENT about "Limitations of eBrownbag.com, LLC’s Liability," "Your Indemnification of eBrownbag.com, LLC," "Governing Law and Arbitration" and "Miscellaneous" shall survive.

eBrownbag.com, LLC may terminate this AGREEMENT at any time, without prior notice, for any reason, or for no reason.

Governing Law and Arbitration

This AGREEMENT is to be governed and construed in accordance with the internal laws of the State of Maryland, without regard for principles of conflicts of laws. Any civil action, claim, dispute, or proceeding arising out of or relating to this AGREEMENT, except for an injunctive action regarding a breach or threatened breach of any provision of this AGREEMENT by you, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Montgomery County, Maryland. The arbitrator shall be selected by you and eBrownbag.com, LLC, and if you and eBrownbag.com, LLC are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association.

Judgment upon any award rendered by the arbitrator shall be final, binding, and conclusive upon you and eBrownbag.com, LLC and your and eBrownbag.com, LLC’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or eBrownbag.com, LLC be entitled to punitive, special, indirect, or consequential damages and both you and eBrownbag.com, LLC hereby waive your and eBrownbag.com, LLC’s respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.

Miscellaneous

If any portion of this AGREEMENT is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this AGREEMENT as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this AGREEMENT that is unlawful, void, or unenforceable shall be stricken from this AGREEMENT.

The headings contained in this AGREEMENT are for convenience of reference only, are not to be considered a part of this AGREEMENT, and shall not limit or otherwise affect in any way the meaning or interpretation of this AGREEMENT.

All covenants, agreements, representations and warranties made in this AGREEMENT, as may be amended by eBrownbag.com, LLC from time to time, shall survive your acceptance of this AGREEMENT and the termination of this AGREEMENT.

This AGREEMENT represents the entire understanding and agreement between you and eBrownbag.com, LLC regarding the subject matter of this AGREEMENT, and supersedes all other previous agreements, understandings and/or representations regarding the same.

eBrownbag.com, LLC Privacy Policy

By visiting, using, and submitting information to, eBrownbag.com, LLC, you are accepting the practices described in this Privacy Policy and our Agreement of Terms of Use. The eBrownbag.com Internet website is owned and operated by eBrownbag.com, LLC (a Maryland corporation). eBrownbag.com, LLC appreciates that you care how information about you is collected and shared, so eBrownbag.com, LLC created this Privacy Policy in order to demonstrate our firm commitment to disclose our current policies about your privacy and the confidentiality of your personally identifiable information. In addition, we take further measures to enhance the protection of your privacy and personally identifiable information, as outlined in this Privacy Policy.

Applicability of this Privacy Policy

This Privacy Policy is intended to apply to you, eBrownbag.com, LLC, its affiliates and all Internet websites owned and operated by eBrownbag.com, LLC, including, but not limited to, the website located at the URL www.eBrownbag.com. This Privacy Policy is a statement of eBrownbag.com, LLC�s current policies with regard to how information about you is collected by eBrownbag.com, LLC via eBrownbag.com, LLC, used, and potentially shared by eBrownbag.com, LLC.

Personally Identifiable Information is Provided by You

Much of eBrownbag.com, LLC is accessible to you without your providing personally identifiable information. However, eBrownbag.com, LLC requires that you register and provide personally identifiable information to enable you to utilize certain features of eBrownbag.com, LLC. In addition, you submit your personally identifiable information to eBrownbag.com, LLC in order to receive company updates, press releases, or other special offers from eBrownbag.com, LLC and select business sponsors.

eBrownbag.com, LLC will obtain your consent for any use of your personally identifiable information beyond the original use for which you provided it.

The personally identifiable information that eBrownbag.com, LLC requests from you may include your name, address, e-mail address, telephone number, driver's license number, and professional license number(s). The personally identifiable information that you provide must be accurate, complete, and current. eBrownbag.com, LLC will specifically ask you for any personally identifiable information requested, and your provision of such information will always be on a voluntary basis.

eBrownbag.com, LLC's Use of Your Personally Identifiable Information

eBrownbag.com, LLC uses your personally identifiable information within eBrownbag.com, LLC�S internal organization to process any selections that you may make using eBrownbag.com, LLC. eBrownbag.com, LLC also shares your personally identifiable information with select third parties for fulfillment of services and features that you specifically select. For example, we will share your personally identifiable information with: (i) credit card companies for processing your tuition if you purchase eBrownbag.com, LLC presentations; (ii) select business sponsors if you submit your personally identifiable information to receive special offers from them; (iii) professional, trade, commercial, governmental, and any other organizations who refer you to eBrownbag.com, LLC; (iv) vendors whose products you order via eBrownbag.com, LLC.

eBrownbag.com, LLC reserves the right to share or disclose your personally identifiable information when it determines, in its sole discretion, that the disclosure of such personally identifiable information is necessary to identify, contact, or bring legal action against you if you may be: (i) causing intentional or unintentional injury to another; (ii) interfering with another's rights or property, including eBrownbag.com, LLC'S rights or property; (iii) violating any applicable law, rule or regulation; or (iv) such disclosure is required by any applicable law, rule or regulation; or (v) in order to provide profession related product information through third party vendors.

Correcting, Updating, or Changing Selections Regarding Your Personally Identifiable Information

Once you have provided personally identifiable information to eBrownbag.com, LLC via eBrownbag.com, LLC, you must inform eBrownbag.com, LLC of any changes to, or updates of, any personally identifiable information that you provide. You may at any time request a copy of the personally identifiable information that you provided, elect to revoke ("opt-out") the information provided, update that information, or change any selections you have made with regard to use of that information.

In order to access, opt-out, update, or change selections for use of, personally identifiable information that you provided, please contact eBrownbag.com, LLC. eBrownbag.com, LLC will accordingly furnish you with a copy of your personally identifiable information, or change its records to remove, update, or change selections regarding your personally identifiable information.

If you opt-out of providing your personally identifiable information, eBrownbag.com, LLC will no longer use your personally identifiable information or share it with third parties. However, keep in mind that your opting-out of providing personally identifiable information may inhibit or cancel your ability to fully utilize eBrownbag.com, LLC to purchase eBrownbag.com, LLC�S presentations, and to access or use some of eBrownbag.com, LLC's other features.

Chat Rooms and Messaging Forums on eBrownbag.com, LLC

Chat rooms located on eBrownbag.com, LLC and the areas of eBrownbag.com, LLC known as Messaging Forums are public display areas of eBrownbag.com, LLC. Any information you post within those areas, including personally identifiable information, will be displayed on eBrownbag.com, LLC for all users to access and see. We encourage you not to post any personally identifiable information within those areas.

eBrownbag.com, LLC will not be responsible for the use or dissemination of any information that you post within the eBrownbag.com, LLC's chat rooms and/or Messaging Forums.

Other Transmissions, Submissions and Postings to eBrownbag.com, LLC

If you transmit, submit, or post information to eBrownbag.com, LLC that is not, or does not contain, personally identifiable information, you automatically grant eBrownbag.com, LLC the royalty-free, non-exclusive right and license to use, copy, format, adapt, and/or incorporate the same in other data and content viewable on, contained in, or downloadable from, eBrownbag.com, LLC.

eBrownbag.com, LLC'S Use of Cookies

Like many Internet websites, eBrownbag.com, LLC utilizes "cookies" to track and store anonymous preferential information about you as you use eBrownbag.com, LLC. "Cookies" are alphanumeric identifiers in the form of text files that are inserted and stored on your hard drive by your web browser. Cookies track your personal preferences and activities, but in no way contain or refer to any personally identifiable information.

eBrownbag.com, LLC'S use of cookies allows eBrownbag.com, LLC to aggregate certain information about its users. The aggregated information helps eBrownbag.com, LLC to serve you better by compiling user preferences to improve the features of eBrownbag.com, LLC. eBrownbag.com, LLC may also share, loan, rent or sell this aggregated information to third parties, but keep in mind that the aggregated information contains absolutely no personally identifiable information.

If you do not want eBrownbag.com, LLC's cookies to be inserted into your hard drive, you can disable your hard drive's ability to accept and receive cookies through your web browser. However, keep in mind that if you disable your hard drive's ability to accept and receive cookies, you may not be able to fully utilize all of the convenience features of eBrownbag.com, LLC. For instance, you may have to log in your username or password more than once per session.

Usernames and Passwords May Be Issued to You

You may be issued a username or password by eBrownbag.com, LLC to utilize certain features of eBrownbag.com, LLC. In order to receive a username or password from eBrownbag.com, LLC for use on eBrownbag.com, LLC, you will be required to submit personally identifiable information. You are responsible for keeping your usernames and passwords, if any, confidential. You are responsible for any access, use or activities on eBrownbag.com, LLC under your username or password. For that reason, be sure to log off when you are finished using a shared computer.

Security of Your Submissions and Transmissions

eBrownbag.com, LLC uses its best efforts to protect the security of any information submitted or transmitted by you via eBrownbag.com, LLC, including, but not limited to, personally identifiable information. eBrownbag.com, LLC uses a secure server and SSL encryption technology to help ensure that your submissions and transmissions are kept confidential. However, in the unlikely event that an unauthorized third party compromises eBrownbag.com, LLC'S security system, eBrownbag.com, LLC is not responsible for any occurrences or damages directly or indirectly caused by an unauthorized third party's ability to view, use or disseminate your submissions or transmissions to eBrownbag.com, LLC, or your personally identifiable information.

Links to Other Internet Websites on eBrownbag.com, LLC

eBrownbag.com, LLC contains links to other Internet websites. This Privacy Policy applies solely to eBrownbag.com, LLC, and all Internet websites owned and operated by eBrownbag.com, LLC. eBrownbag.com, LLC makes no representations or warranties about, nor is it responsible for, the privacy practices of other Internet websites. When you enter a linked Internet website, eBrownbag.com, LLC encourages you to read the privacy policy of that linked website, as its privacy policy may differ substantially from that of this Privacy Policy.

Access and Use by Minors

eBrownbag.com, LLC is not intended to be accessed or used by persons under the age of 18. eBrownbag.com, LLC does not intend or purposefully attempt to gather information from children under the age of 13.

Changes to this Privacy Policy

eBrownbag.com, LLC developed this Privacy Policy as a manifestation of our firm commitment to disclose our current privacy and confidentiality policies to you. However, the Internet is rapidly evolving. With this in mind, eBrownbag.com, LLC reserves the right to amend this Privacy Policy at any time in its sole discretion and without notice. Any information we collect from you is subject to the current Privacy Policy. You are encouraged to revisit this Privacy Policy each time you visit eBrownbag.com, LLC, in order to review any changes that have been made. Your continued access and use of eBrownbag.com, LLC following the posting of any such changes shall indicate your acceptance of the same.

Your Questions, Comments & Complaints

eBrownbag.com, LLC encourages you to provide eBrownbag.com, LLC with feedback regarding this Privacy Policy. If you have questions, comments or concerns regarding this Privacy Policy, please contact us. If you feel that eBrownbag.com, LLC is not abiding by this Privacy Policy at any time, please immediately contact us.

Governing Law; Arbitration

This Privacy Policy is to governed and construed in accordance with the internal laws of the State of Maryland, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of, or relating to, this Privacy Policy shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Montgomery County, Maryland. The arbitrator shall be selected by you and eBrownbag.com, LLC, and if you and eBrownbag.com, LLC are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the arbitrator shall be selected by the American Arbitration Association.

Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and eBrownbag.com, LLC, and your and eBrownbag.com, LLC'S respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or eBrownbag.com, LLC be entitled to punitive, special, indirect or consequential damages, and both you and eBrownbag.com, LLC hereby waive your rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.

Miscellaneous

If any portion of this Privacy Policy is deemed unlawful, void or unenforceable by any arbitrator, this Privacy Policy as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Privacy Policy that is unlawful, void or unenforceable shall be stricken from this Privacy Policy.

The headings contained in this Privacy Policy are for convenience of reference only, are not to be considered a part of this Privacy Policy, and shall not limit or otherwise affect in any way the meaning or interpretation of this Privacy Policy.

All covenants, agreements, representations and warranties made in this Privacy Policy, as may be amended by eBrownbag.com, LLC from time to time, shall survive your acceptance of this Privacy Policy and the termination of this Privacy Policy.

This Privacy Policy represents the entire understanding and agreement between you and eBrownbag.com, LLC regarding the subject matter of this Privacy Policy, and supersedes all other previous agreements, understandings and/or representations regarding the same.