Web-CDI Terms of Use

1. Agreement between Paul H. Brookes Publishing Co., Inc. and User. This is a binding agreement (“Agreement”) between Paul H. Brookes Publishing Co., Inc. (“Brookes Publishing Co.”) and you, the user (“You” or “Your”). The CDI Advisory Board (“CDI Advisory Board”) owns Web-CDI (“Web-CDI”), the web-based version of The MacArthur-Bates Communicative Development Inventories (“CDI”) located at webcdi.stanford.edu (the “Site”). Brookes Publishing Co. distributes access to Web-CDI and the Site on behalf of the CDI Advisory Board. You may purchase access codes (“Access Codes”) from Brookes Publishing Co. to access select CDI inventories on the Site. The Site is offered to You conditioned on Your acceptance, without modification, of the terms, conditions, and notices contained herein. By purchasing Access Codes and using the Site, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.

2. Modification of These Terms of Use. Brookes Publishing Co. reserves the right to change the terms and conditions of this Agreement from time to time as we deem appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. Brookes Publishing Co. has no duty or obligation to inform prior users of this web site that changes have been made, regardless of the scope and importance of the changes. You are responsible for regularly reviewing these terms and conditions. Your non-termination or continued use of the Site after changes are posted constitutes your acceptance of this Agreement as modified by the posted changes. Brookes Publishing Co. and the CDI Advisory Board may change, restrict access to, suspend, or discontinue the Site, or any portion of the Site, at any time.

3. No Professional Advice. The information and materials available through Web-CDI and the Site are for informational and educational purposes only and are not a substitute for the professional judgment of healthcare professionals in diagnosing and treating patients. The medical, scientific and general information included on the Site may reflect innovations and opinions not universally shared and does not necessarily reflect the view of Brookes Publishing Co. Brookes Publishing Co. and the Site, including without limitation Web-CDI, do not give medical advice or provide medical or diagnostic services. Your reliance upon information and materials obtained by you at or through the Site, including without limitation Web-CDI, is solely at your own risk.

4. Intellectual Property. All contents of Web-CDI and the Site are: Copyright © The CDI Advisory Board. All rights reserved. Web-CDI is protected by United States and international intellectual property laws and you agree to abide by them. Without The CDI Advisory Board’s prior written consent, you may not download, copy or store the Web-CDI content in any form outside of the Site, beyond use of the reporting functionality, and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Web-CDI content. All intellectual property rights in Web-CDI are the sole and exclusive property of The CDI Advisory Board. We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you.

5. Usage of Web-CDI. As a condition of your use of Web-CDI and the Site, you represent and warrant to Brookes Publishing Co. that you will not use the Site for any unlawful purpose or in any manner prohibited by this Agreement’s terms, conditions or notices. You represent and warrant that you will not use the Site in any manner which could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site.

6. Security. The Web-CDI portion of the Site that this Agreement covers will be accessible only to paying customers (“Customers”). You agree to purchase Access Codes from Brookes Publishing Co. You agree that Brookes Publishing may share your name, email address, and order quantity with the CDI Advisory Board for technical assistance. The Site does not handle any sensitive credit card information on the Web-CDI servers. By using Web-CDI, you agree to your data being stored with the child’s parental consent to calculate the individual assessment result and to enhance test norms. You agree that Web-CDI and Brookes Publishing may send communications to your email address consistent with providing you with customer service and in response to inquiries you send to the CDI Advisory Board or Brookes Publishing Co. To protect your information, never share or disclose your Access Code or login information to anyone else. Brookes Publishing Co. is not liable for any harm related to the theft of your Access Code or login information, your disclosure of your Access Code or login information, or your authorization to allow another person or entity to access and use the Web-CDI. Brookes Publishing Co. does not sell to anyone your email address.

7. Product Information and Warranties. At Brookes Publishing Co., we advertise third-party products, including Web-CDI. Brookes Publishing Co. cannot and does not warrant or guarantee the accuracy or completeness of the information, including prices, product images, specifications, fitness for use, reliability, availability and services. Products and services including Web-CDI are the responsibility of the manufacturer or provider.

8. Termination. Brookes Publishing Co. and the CDI Advisory Board reserve the right in its sole discretion to terminate your access to the Site, including without limitation Web-CDI, at any time without notice for any reason whatsoever. Provisions of this Agreement which by their nature are intended to survive termination or expiration of this Agreement will survive any termination of this Agreement, including but not limited to the representations and warranties contained herein.

9. General Disclaimers, Exclusion of Damages, and Limitation of Liability. The information, software, products and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically made to the information herein. The CDI Advisory Board may make improvements or changes to the Site at any time. Advice received via the Website should not be relied upon for personal, medical, legal or financial decisions, and you should consult an appropriate professional for specific advice. Brookes Publishing Co. makes no representations about the Web site, including, without limitation, the site’s or Web-CDI’s suitability, reliability, availability, timeliness and accuracy of the information, materials, software, products, services and graphics found on or through the Site. Brookes Publishing Co. provides access to the Site, including, without limitation, all information, materials, software, products, services, and graphics “as is” without warranty of any kind. To the full extent permissible by applicable law, Brookes Publishing Co. disclaims all warranties and conditions with regard to the Site, including, without limitation, all information, materials, software, products, services and graphics found on or through the Site, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement or warranties arising by course of dealing or custom of trade. Your sole and exclusive remedy if you are dissatisfied with any portion of the Site is to discontinue using the Site. In no event and under any circumstances whatsoever shall Brookes Publishing Co. be liable for any direct, indirect, compensatory, punitive, incidental, special, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or Web-CDI, the provision of or failure to provide services, or for any information, materials, software, products, services or graphics obtained on or through the Site, security breaches, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Brookes Publishing Co. has been advised of the possibility of damages. Also, and in particular, in no event shall Brookes Publishing Co. be held liable for any direct, indirect, compensatory, punitive, incidental, special, consequential damages or any damages whatsoever arising out of or in connection with the information provided on or through the Site, including without limitation in connection with the use of techniques or procedures discussed on or through the Site. Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if required by applicable law, some of the foregoing exclusions may not apply to you.

10. Indemnity. You agree to indemnify Brookes Publishing Co. from and against any and all liabilities, expenses (including without limitation attorneys’ fees) and damages arising out of claims based upon your use of the Site and software, including without limitation any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members, and the infringement of intellectual property rights or other rights. Brookes Publishing Co. will notify you of any claim for which Brookes Publishing Co. seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to Brookes Publishing Co.’s interests, as reasonably determined by Brookes Publishing Co. at its sole discretion.

11. Governing Law. This Agreement is governed by the laws of the State of Maryland, USA. You agree that any action to enforce this Agreement will be brought in the state and federal courts located in the state of Maryland. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

12. No Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Brookes Publishing Co. as a result of this Agreement or use of the Site, including, without limitation, Web-CDI.

13. Construction. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.

14. Entire Agreement. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Brookes Publishing Co. with respect to the Site and the Web-CDI, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Brookes Publishing Co. with respect to the Site, including without limitation to Web-CDI.