Bright Brain® Newsletter Legal Policy

The Bright Brain® Newsletter is provided as information on topics such as learning, teaching, training and at times, personal health. The information is not advertised as legal, medical or other advice, and should not be treated as such.

Warranties. You must not rely on the information in this newsletter as your only source of information from an appropriately qualified expert.

If you think you (or a friend, colleague or loved one) may be suffering from any adverse health condition please seek immediate medical attention.  You should never delay seeking any medical advice, disregard medical advice, or discontinue medical treatment because of information in the newsletter. These are solely the opinions of the author.

To the maximum extent permitted by applicable law, we exclude all representations, warranties, undertakings and guarantees relating to the newsletter.

Representations. The information in this newsletter is gathered and synthesized from sources believed to be reliable, but its accuracy cannot be guaranteed. Without prejudice to the generality of the foregoing paragraph, we do not represent, warrant, undertake or guarantee:

  • that the information in the newsletter is always 100%correct, accurate, complete or non-misleading on the day it is distributed.
  • that the use of guidance in the newsletter will always lead to any particular outcome or result; or
  • in particular, that by using the guidance in the newsletter you will get the exact result implied, since there are multiple risk factors, environmental, social and systemic conditions as well as personal issues present in any workplace.

Limitations and exclusions of liability. The limitations and exclusions of liability set out in this section, govern all liabilities arising under the disclaimer or in relation to the newsletter, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you for any adverse results arising out of any application, performance, or usage beyond our reasonable control. We will not be liable to you in respect of any setbacks or loss of goodwill. We will not be liable to you in respect of any loss or corruption of any data, database or software. We will not be liable to you in respect of any special, indirect or consequential loss or damage from use of any of the suggestions in this newsletter. By reading the newsletter, you assume all reasonable risks, as a consenting adult from your actions as a reader.

Exceptions. Nothing in this disclaimer shall: limit or exclude our liability for death or personal injury resulting from negligence; limit or exclude our liability for fraud or fraudulent misrepresentation; limit any of our liabilities in any way that is not permitted under applicable law; or exclude any of our liabilities that may not be excluded under applicable law.

Severability. If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.  If any unlawful and/or unenforceable section would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the section will continue in effect.

Law and jurisdiction. This disclaimer will be governed by and construed in accordance with the laws of the State of Hawaii, and any disputes relating to this disclaimer will be subject to the exclusive jurisdiction of the courts of Hawaii.

Principal Party. In this disclaimer, “we” means (and “us” and “our” refer to) Jensen Learning Corporation, a partnership established and doing business at its principal place of business at PO Box 291, Maunaloa, HI 96770. Inquiries should be addressed to: