By accessing this web site ("Website"), you consent to these terms of use. If you do not agree to these terms of use, you are not authorized to use the site.

YOUR USE OF MATERIALS
Copyright 2006, Brain Savvy Game Company, LLC. This site is owned and operated by Brain Savvy Game Company.  Unless otherwise indicated, the content, format and imagery of this Website are copyrighted under the United States law by Brain Savvy Game Company and are protected by worldwide copyright laws and treaty provisions. Unauthorized duplication is a violation of law. The content, format and imagery of the Website may not be copied, published, broadcast, distributed, reproduced or transmitted in any way without specific consent of Brain Savvy Game Company. Brain Savvy Game Company reserves complete title and full intellectual property rights for materials downloaded from the Website, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Brain Savvy Game Company’s intellectual property rights.

For purposes of this Agreement, the use of any such material on any other web site or computer environment is prohibited without the express written consent of Brain Savvy Game Company. For the purpose of this statement of use the term "User" shall apply to those users of the Website who are registered or are unregistered to procure goods or services on this Website. For the purpose of this statement of use the term "Supplier" shall apply to those users of the Website who are registered to sell and or market goods or services on this Website.

In the event you download any data from the site, including any software, files or images incorporated in or generated by the site or data accompanying or to be used with the site (hereafter collective referred to as the "Data") are licensed to you by Brain Savvy Game Company, unless such Data is the property of a Supplier. If information is identified as that of a Suppler the User shall download information based upon arrangements made with the Supplier. Brain Savvy Game Company does not condone or approve the unauthorized use of Supplier Data without their consent. Brain Savvy Game Company does not transfer title of any Data to you. As between you and Brain Savvy Game Company, Brain Savvy Game Company retains full and complete right, title, and interest in and to the Data of Brain Savvy Game Company and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Data.

YOUR DUTIES AS TO REGISTRATION
In consideration of your use of this Website and any services provided by Brain Savvy Game Company in connection therewith (hereafter, the "Service"), you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being referred to hereafter as the "Registration") and (b) maintain and promptly update the Registration to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, outdated or incomplete, or Brain Savvy Game Company has reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, Brain Savvy Game Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. Brain Savvy Game Company shall have the option to revise such policy as it may see fit from time to time.

YOUR ACTIONS AS A USER
You acknowledge and understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Materials"), whether publicly posted or privately transmitted, are the sole responsibility of the person (Supplier or User) from which such Materials originated.

You agree to not use the Service to:

You acknowledge that Brain Savvy Game Company and anyone it designates shall have the right, but not the obligation, in their sole discretion to move or refuse to move any Materials that are available via the Service. Without limiting the foregoing, Brain Savvy Game Company and anyone it designates shall have the right to remove any Materials that violate these terms of use or are otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Materials, including any reliance on the accuracy, completeness, or usefulness of such Materials.

You understand that the technical processing and transmission of the Service, including your Materials, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of various networks or devices to which the Service is connected. This Website contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Brain Savvy Game Company site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Brain Savvy Game Company or its vendors or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from this Website without the prior expressed written permission of Brain Savvy Game Company.

YOUR RELATIONS WITH ADVERTISERS AND SUPPLIERS
Your correspondence or business dealings with, or participation in promotions of, advertisers, Suppliers or affiliates found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, Supplier or affiliate. You agree that Brain Savvy Game Company and this Website shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, Supplier on the Website.

TERMS AND CONDITIONS OF USE MAY CHANGE
Brain Savvy Game Company reserves the right to update or modify these Terms and Conditions of Use at any time without prior notice. Your use of this Website following any such modification constitutes your agreement to follow and be bound by the Terms and Conditions of Use as modified. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use this Website.

CORRECTION OF ERRORS AND INACCURACIES
The content of this Website, including but not limited to text, pricing, availability and descriptions may contain errors or inaccuracies, and may not be complete or current. School Specialty reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you submitted your order and confirmation was received). We apologize for any inconvenience this may cause you.

COLOR AND OTHER DISPLAYED FEATURES
The colors and other features you see depicting merchandise on your computer equipment and with your software may depend on the nature and features your particular equipment and software. Therefore, we cannot guarantee that your monitor's display of any color or certain other features will accurately depict the actual color or those features of the merchandise.

DISCLAIMER
BRAIN SAVVY GAME COMPANY MAKES, AND THIS WEBSITE INCLUDES, NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO BRAIN SAVVY GAMES OR THE CONTENTS OF THIS WEBSITE, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." BRAIN SAVVY GAME COMPANY AND THIS WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO BRAIN SAVVY GAME COMPANY AND THIS WEBSITE AND ANY WEB SITE WITH WHICH IT IS LINKED OR CONTENT PROVIDED BY SUPPLIERS TO THIS WEBSITE. BRAIN SAVVY GAME COMPANY NOTIFIES YOU THAT MUCH OF THE CONTENT OF THE WEBSITE IS SUPPLIED BY THIRD PARTY SUPPLIERS WHO ARE ULTIMATELY RESPONSIBLE FOR THE CONTENT SUPPLIED BY THEM. BRAIN SAVVY GAME CO. DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON OR THIS WEBSITE OR THAT THIS WEBSITE OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. BRAIN SAVVY GAME COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BRAIN SAVVY GAME COMPANY OR THIS WEBSITE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
  UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BRAIN SAVVY GAME COMPANY OR THIS WEBSITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE. UNDER NO CIRCUMSTANCES SHALL BRAIN SAVVY GAME COMPANY BE RESPONSIBLE FOR ANY DAMAGES RELATED TO VIRUS INFECTION AND THE RESULTING CORRUPTION, DESTRUCTION, OR ALTERATION OF A USER OR SUPPLIER'S SYSTEM (INCLUDING FILES, SOFTWARE AND HARDWARE LOCATED ON THEIR SYSTEMS).

JURISDICTION AND EXPORT
This Website is controlled and operated by Brain Savvy Game Company from its office in Tulsa, Oklahoma, United States of America. Brain Savvy Game Company and this Website make no representation that materials on this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Data from this site is further subject to United States export controls. No software from Brain Savvy Game Company or this Website may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Data, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

ARBITRATION
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Brain Savvy Game Company to recover damages for, or obtain an injunction relating to, operations of this Website, intellectual property, and services related to this Website, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Tulsa, Oklahoma and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either the User or Brain Savvy Game Company may seek any interim or preliminary relief from a court of competent jurisdiction in Tulsa, Oklahoma necessary to protect the rights or property of you or Brain Savvy Game Company pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $10,000.00.

ANTITRUST POLICY
Brain Savvy Game Company does not condone any information sharing agreements among its suppliers or its users (including Users) which would utilize information from Brain Savvy Game Company which in any way would distort market forces. Brain Savvy also does not condone collusion among users (including Users), which would cause the exercise of monopsony power among buying groups. Brain Savvy will not enter into and does not condone the entering into of any agreements among competitors (whether suppliers or Users) to exclude or discriminate against web sites that are competitive with Brain Savvy Game Company.

MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the laws of the state of Oklahoma without giving effect to any principles of conflicts of law. You and Brain Savvy Game Company each agree to submit to the exclusive jurisdiction of the courts of the state of Oklahoma and the federal courts of Tulsa, Oklahoma. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except by writing, signed by both parties. Brain Savvy Game Company does not guarantee continuous, uninterrupted or secure access to our services, and operation of this Website may be interfered with by numerous factors outside of our control. If any provision of these Terms & Conditions of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms & Conditions of Use and all incorporated agreements may be automatically assigned by Brain Savvy Game Company, in its sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The failure of Brain Savvy Game Co. to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. The User and Brain Savvy Game Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms & Conditions of Use.