Legal Notices and Privacy Policy
The Brain Injury Association of America’s website provides information on the latest brain injury care strategies, research findings and advocacy initiatives. We also provide updates on Brain Injury Association programs, partners and events. Our audience includes individuals who have sustained brain injuries, caregivers, clinicians, researchers, professionals, advocates and the general public.
We work to ensure that the information provided on this site is accurate, timely and useful. However, the information contained on the site could include technical inaccuracies or typographical errors and should not be considered medical guidance. The Brain Injury Association of America, its affiliates or agents, or any other parties involved in the preparation or publication of this site are not responsible for errors or omissions in information or any actions resulting from the use of such information. Visitors are encouraged to confirm the information contained here and to direct any questions concerning their personal health to licensed health care professionals.
By using this website, you consent to the Brain Injury Association of America’s policies as described below.
Trademarks and Logos
Using any of the Brain Injury Association of America’s registered trademarks or logos without the Association’s prior written consent is strictly prohibited.
Copyright and Reprint Permissions
The Brain Injury Association of America retains copyright on the content of this site, unless otherwise noted. Any person is authorized to use, copy, and distribute any complete page or, where a document consists of more than one page, any complete document contained on this website, including related graphics, subject to the following conditions:
- Use, copying, and distribution shall be solely for informational, non-commercial purposes;
- No graphic elements on any page or document on this website may be used, copied, or distributed separate from the accompanying text; and
- The reprint must acknowledge the Brain Injury Association of America’s copyright.
Links
Third parties may establish a link to any portion of the Brain Injury Association of America’s website with the acknowledgement that all content is subject to revision or removal. In general, the Brain Injury Association of America does not accept unsolicited requests to link to external sites. Where an external link is provided, the Brain Injury Association of America is not responsible for the information or advice provided on the external site.
User Submissions
By voluntarily providing or posting information on the website, User must grant, and User actually grants by agreeing to these Terms of Use, a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up, and royalty-free right to the Brain Injury Association of America the right to use and commercialize, in any way now known or in the future discovered, anything that you submit to the Brain Injury Association of America, without further consent, notice and/or compensation to User or any third parties. In addition, by posting information on the website, User grants any other user the right to access, display, view, store, and reproduce this material solely for their personal use.
By submitting any information to the Brain Injury Association of America, you represent and warrant that the submission is accurate to your best knowledge, not confidential, and not in violation of any contractual restrictions or other third party rights. The Brain Injury Association of America does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorses any opinions expressed by users. User acknowledges that any reliance on material posted by other users will be at your own risk. The Brain Injury Association of America is under no obligation to exercise control over any content you or others submit when using the website.
Social Media
By participating in BIAA’s social media platforms, you agree that you have read and will follow these guidelines. In order to preserve a climate that encourages both civil and fruitful dialogue, BIAA reserves the right to delete posts from participants who violate these guidelines and to suspend or terminate the right of any participation for any reason without notice. If you have questions about these guidelines, please contact BIAA at communications@biausa.org.
BIAA Social Media Guidelines
The creation of BIAA-labeled social media channels on BIAA’s website and third party social media websites, and any postings and comments therein, shall not contain or link to language or illustrations that:
- Are libelous, defamatory, obscene, threatening, offensive, demeaning, derogatory, abusive, ad hominem, or off-topic
- Are solely for commercial purposes
- Endorse any candidate or office holder or partisan political position
- Include spam or chain letters
- Violate third party’s privacy rights, proprietary rights, or any other applicable local, state, national, or international law
- Degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification
Keep in mind that information posted on these social media channels is available for all to see, and comments are subject to defamation, antitrust, and other laws. BIAA will not be held liable for any injury or damage resulting from statements posted on BIAA-labeled social media channels.
The Legal Stuff
Certification Disclaimer (ACBIS)
The Academy of Certified Brain Injury Specialists provides a certification program that intends for individuals to become familiar with a broad range of issues relevant to the care of people with acquired brain injuries. The training material and testing requirement was developed to help all staff who have direct contact experience with an individual or individuals with brain injury raise their skill level and contribution as an integral part of interdisciplinary rehabilitation teams. This training material has also proved helpful to professionals who do not have a background in brain injury rehabilitation or rehabilitation professionals who wish to broaden their education in their efforts to adequately serve this population. This certification also assists consumers in their efforts to identify facilities and professionals committed to maintaining a basic level of skill and knowledge as regards the needs of those recovering from a brain injury. However, it does not confer or imply the acquisition of advanced training or expertise in brain injury rehabilitation. As such, this certification does not inherently expand a professional’s scope of practice but might be part of their continuing education or post-academic development. Professionals from disciplines that might serve brain injury survivors must follow the practice guidelines as set forth by their oversight licensing and academic organizations.
Certification as a Brain Injury Specialist or Brain Injury Specialist Trainer is a designation that indicates the following:
- The individual has met the minimum application standards for certification.
- The individual passed the certification examination.
- The individual is in good-standing as regards renewal costs and continuing education requirements.
- The certificant is familiar with a broad range of issues important in the care of brain injury survivors which may inform their work with these consumers.
- And, in the case of a Trainer, is qualified to provide training to others seeking this certification.
Certification as a Brain Injury Specialist or Brain Injury Specialist Trainer neither implies nor warrants:
- That the certificant is an expert in brain injury rehabilitation.
- That the certificant is qualified to offer professional services without the appropriate license or provide unsupervised treatment.
Misuse of the certification as noted above would be in violation of the ACBIS Ethics Policy and could result in revocation of the certification.
ACBIS Legal Notice
Copyright: All materials on this website are owned or licensed by the Brain Injury Association of America (BIAA) and are protected under the copyright laws of the United States and under applicable international treaties and conventions. Any reproduction, re-transmission, or republication of all or part of any ACBIS material on this site is expressly prohibited, except that BIAA permits the reproduction and use of the information and materials on this site for the sole purpose of obtaining information about, and applications for, ACBIS certification programs. BIAA also may expressly grant its consent to reproduce, re-transmit, or republish such materials upon prior written request.
Trademarks: The names, trademarks, service marks, and logos of BIAA and ACBIS appearing on this site are owned by BIAA and may not be used in any advertising, publicity, or otherwise to indicate ACBIS certification or affiliation, without ACBIS’ prior express written permission or unless use by Certificants is authorized by ACBIS. Current Certificants are only authorized to use the marks in the manner and for the purposes set forth in this website, or in other materials, policies, and procedures adopted and promulgated by ACBIS. Use of such marks in a manner not consistent with such policies may result in discipline including reprimand, suspension, or revocation and the loss of the use of such marks. Use of such marks without authorization also may result in an action for trademark infringement.
Certifications: ACBIS does not guarantee, warrant, or endorse the products or services of any firm, organization, or person. Certification by ACBIS indicates that a person has met the specific requirements of the certification process, but is not a guarantee of competency, accuracy, or any particular treatment result. Information about Certificants is provided by the Certificants themselves and ACBIS is not responsible for any incorrect or out-dated information about Certificants, including their office addresses or any other contact information. ACBIS does not assume any duty to the public for the services of Certificants, or for any information about Certificants or any other person or entity participating in or receiving professional services from Certificants. ACBIS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, INJURY, CLAIM, OR OTHERWISE, WHETHER AN ACTION IN CONTRACT OR TORT AND SHALL FURTHER NOT BE LIABLE FOR ANY LOST PROFITS, OR DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND EXPENSES).
Use Of Personal Information: We use the personal and professional information that ACBIS participants provide when creating accounts, completing application and recertification forms, completing questionnaires and surveys, and completing or updating profiles, in order to:
- meet our mission to communicate information to our stakeholders,
- provide notice of important events, activities, and proposals,
- provide opportunities for networking and professional events,
- provide a directory accessible to others ( Certificants have the ability to choose to list certain information),
- compile and provide mailing, approval, and attendance lists for examinations and meetings, and
- provide a list of members of committees and the Board of Directors.
ACBIS permits use of the list of Certificants for purposes related and beneficial to the profession, such as licensing the list to nonprofit associations in related fields, providers of education, and providers of related products and services. Certificants may “opt-out” of having their information used for such purposes by notifying ACBIS. Otherwise, ACBIS does not sell, lease or provide to any person or organization personal information except as specified above. ACBIS does not disclose credit card account information, except to submit the necessary information to the appropriate clearinghouse.
This Privacy Policy sets out ACBIS’s policies regarding treatment of information that may be considered to be private and demonstrates our commitment to your data privacy; it governs both our offline and online data collections practices. We may change the content or services found on the website at any time without notice, and consequently our Privacy Policy may change at any time in the future. You agree to revisit this page regularly and your continued access to or use of the website will mean that you agree to the changes.
Your Queries: If you have any questions regarding privacy issues, would like to change information that you have provided, or suspect that ACBIS has handled your data in a manner that does not comply with this Privacy Policy, please contact ACBIS at acbis@biausa.org.
Public Areas: When using the public portion of the website, you can do anonymously. You are not required to provide us with any personal information and we do not monitor or collect any personally identifiable information from you on your use of the public portions of the website. We may track the number of users who visit areas of the website for internal use such as improving accessibility to website facilities and marketing, but this tracking will not identify you. We may also record the location of your computer on the Internet for systems administration and troubleshooting purposes and for reporting aggregate information.
Website Notices
Website Disclaimer: ACBIS makes no representations or warranties about the accuracy or suitability of any information or materials on this website; all such content is provided on an “as is” basis. ACBIS HEREBY DISCLAIMS ALL WARRANTIES REGARDING THE CONTENTS OF THIS SITE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Links: Although ACBIS may include links providing direct access to other Internet sites, ACBIS has not participated in the development of those other sites, and does not exert any editorial or other control over those other sites. ACBIS, therefore, takes no responsibility for the content or information contained on, or reliability, security, or privacy policies of, those other sites.
Security: The website uses 128 bit encryption/SSL technology when you log on to the site in an effort to provide a secure environment that is protected from third party access, alteration, theft, or misuse of the personal information gathered or confirmed.
Security and Privacy
The Brain Injury Association of America is committed to protecting the privacy of its website visitors. We collect two types of information about site visitors:
Web Server Information
The Brain Injury Association of America collects your IP address to analyze trends, administer the site, track the number of visitors to our site, length of stay and sources of traffic. We use this information to help improve our site and our service to you. IP addresses are not linked to personal information and the data we collect is aggregated.
Personal Information
We collect names, e-mail addresses, and other personal information only when you provide it to us when requesting information from us, responding to a survey or opinion poll or completing an electronic transaction, such as a purchase from our Marketplace or an online donation. We do not sell, trade, or rent your personal information.
If part of the personal information you provide is your phone number, no mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Cookies
A cookie is a piece of data sent to your Web browser and stored on your hard drive. Cookies help us improve our website by tracking and targeting the interests of our users as they visit different sections of our site. Cookies do not contain any personal information.
If you have questions concerning any of the Brain Injury Association of America’s policies, please contact us at 703-761-0750 or by e-mail.
Advertising in THE Challenge!
Terms are net 30 days. BIAA reserves the right to hold Advertiser and/or Agency responsible for such moneys payable to the Brain Injury Association of America. Delinquent accounts are subject to a late payment charge of .5% per month on outstanding balances (up to 6% annual).
All advertising is subject to the Brain Injury Association of America’s approval. The Brain Injury Association of America reserves the right to reject or cancel – for any reason or at any time – any advertisement. In addition, the Brain Injury Association of America reserves the right to place the word “Advertisement” in advertising that, in the Brain Injury Association of America’s opinion, resembles editorial matter. However, no change in advertising copy will be made without prior consent of the Advertiser or Agency.
The Advertiser and Agency agree to indemnify, defend, and save THE Challenge!, the Brain Injury Association of America, their officers, agents, and employees from any claims for design, patent, or copyright infringement; libel; violation of right of privacy; plagiarism; and/or any other suits based on the content or graphic appearances of their advertisement.
The Brain Injury Association of America, except where a special position is purchased, determines positioning of display ads.
Cancellations must be made in writing only prior to ad closing date.
The Brain Injury Association of America will not be bound by any condition appearing on the insertion order that conflicts with provisions of specifications and rate sheets.
The Brain Injury Association of America is not liable for delays in delivery and/or non-delivery in the event of any condition beyond the control of the Brain Injury Association of America.
The Brain Injury Association of America is not responsible for any discrepancies or errors in advertisements supplied by the Advertiser or Agency.
For contracts that include a frequency discount, Advertisers will be short-rated if they do not fulfill the contracted number of insertions.
Artwork, advertising film, and other reproduction materials will be destroyed twelve (12) months after last use if the Advertiser or Agency does not request their return within eleven (11) months of last use.
A fifteen percent (15%) commission is allowed to recognized Advertising Agencies on space, color, and position, provided the account is in good standing and paid within 30 days of invoice dates.
BIAA must receive confirmation of all Agency appointments from the Advertiser account.
Commissions are not allowed on classified advertising, online advertising, and other special advertising.
For accounts not paid within 45 days, advertisements for the account will not be run; the Advertiser and/or Agency will lose its discount; and accounts will be subject to further action.
DCMA Notification Guildelines
Copyright Infringement
The Brain Injury Association of America, Inc., (hereafter BIAA) supports the protection of intellectual property. BIAA has established the following policies for considering copyright infringement claims.
Digital Millenium Copyright Act Notification
To notify BIAA of a claimed copyright infringement, a notification of a claimed copyright infringement must be provided to BIAA via e-mail and must include the following information:
- The subject line of the e-mail must include the words “Copyright Infringement Claim.”
- An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BIAA to locate the material.
- Information reasonably sufficient to permit BIAA to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Upon receipt of appropriate notification from the Complaining Party, BIAA will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While BIAA is investigating the claim, BIAA, at its sole discretion and without any legal obligation to do so, may temporarily remove or deny access to the allegedly infringing material.
If BIAA concludes that the Complaining Party has raised a legitimate copyright claim, it will remove or deny access to the allegedly infringing material. If BIAA concludes that the Complaining Party has not raised a legitimate claim, BIAA will restore access to the allegedly infringing material.
Counter Notification
If you have received a notice of copyright or trademark infringement that you wish to challenge based on a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, you may provide Counter Notification by emailing communications@biausa.org and including the following:
- An electronic signature of the alleged infringer.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The alleged infringer’s name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction as solely determined by the Brain Injury Association of America, Inc. or if the alleged infringer’s address is outside of the United States, for any judicial district selected by BIAA, and that the alleged infringer will accept service of process from the Complaining Party or an agent of such Party.
Upon receipt of a Counter Notification as described above, BIAA shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. BIAA will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless BIAA first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on BIAA’s website.
Repeat Infringers
It is the policy of the Brain Injury Association of America to provide for the termination, in appropriate circumstances, of users who are repeat infringers of copyrighted works.
Designated Agent for Notification of Claimed Copyright Infringement
Name: Director of Communications
Address:
3057 Nutley St. #805
Fairfax, VA 22031
Email: communications@biausa.org
Phone: 703-761-0750
Fax: 703-761-0755