Welcome to Brize, a career skills development website and mobile application. These terms and conditions (“Agreement” or “Terms”) are legally binding and govern your use of service. Throughout this document, the words “Brize,” “us,” “we,” “our,” “App,” “Application,” “Website,” or “Services” refer to us, Brize, our website, mobile application, platform, or our services made available at the same website or mobile application. The words “you” and “your” refer to you, the user of the Services, Website, Platform, or Application.
- “Client” means a person who selects to download the Brize mobile application or uses the Website to access the Brize skills content.
- “Content” means text, images, video, graphics, software, audio, information, or other materials.
- “Platform,” “Application,” “App,” or “Website means Brize’s content accessible via the website (brize.co) or through a download mobile application.
- “Service” or “Services” includes articles, videos, and other Content.
- “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state, and federal indirect or other withholding, and personal or corporate income taxes.
The Content, Website, Platform, Application and Services are the property of Brize, and are protected by all applicable copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Content, Website, Platform, and Services, including all associated intellectual property rights, are the exclusive property of Brize and its licensors. You will not edit, remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Content, Website, Platform, or Services. Subject to your compliance with the terms and conditions of these Terms, Brize grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Brize Content solely for your personal and non-commercial purposes and (ii) access and view any Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
The Content is the property of Brize and is protected by all applicable copyright, trademark, and other laws of the United States and foreign countries.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Content, Website, Platform, and Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise to any intellectual property rights owned or controlled by Brize or its licensors, except for the licenses and rights expressly granted in these Terms.
GENERAL TERMS OF USAGE
The Content, Website, Platform, and Services are intended solely for persons who are 18 or older. Any access to or use of the Content, Website, Platform, or Services by anyone under 18 is expressly prohibited. By accessing or using the Content, Website, Platform, or Services, you represent and warrant that you are 18 or older.
“Brize” is a trademark of the company, to uniquely identify our website, business, and service. You agree not to use these trademarks anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property, and includes prohibitions on any competition that violates the provisions of this paragraph.
All trademarks, service marks, logos, trade names, and any other proprietary designations of Brize used herein are trademarks or registered trademarks of Brize. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Revocation of Consent
Where Brize has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time and for any reason. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.
Code of Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of our Content, Website, Platform, and Services. In connection with your use of our Content, Website, Platform, and Services, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, and Tax regulations;
- hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our Website, Platform, Application, Service, or Users;
- defame anyone;
- defraud, mislead, or otherwise act dishonestly;
- copy, store, or otherwise access any information contained on the Website, Platform, Application, or within any Content appearing therein, for purposes not expressly permitted by these Terms;
- use the Content, Website, Platform, Application, or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- use the Content, Website, Platform, Application, or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card, or account numbers;
- stalk or harass any other user of the Content, Website, Platform, Application, or Services, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Client;
- impersonate any person or entity, or falsify, or otherwise misrepresent yourself or your affiliation with any person or entity;
- run any bots or other software to aggregate or browse our content;
- infringe on anyone’s intellectual property rights;
- otherwise act in a manner which, at Brize’s sole discretion, is objectionable, or which may bring Brize into disrepute.
Termination and Severability
We may at any time without liability to you, with or without cause, and with or without prior notice terminate these Terms or your access to our Content, Website, Platform, Application, and Services, and (b) deactivate or cancel your access to the Website, Platform, Application, or Services content. In the event we terminate these Terms, or your access to our Content, Platform, Application, and Services, or deactivate or cancel your content access, you will remain liable for all amounts due in connection with any Services you have purchased.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Brize shall have the sole right to elect which provision remains in force.
Disclaimers; Limitation of Liability
IF YOU CHOOSE TO USE THE PLATFORM, WEBSITE, APPLICATION AND/OR THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT BRIZE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY OR MEMBER. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BRIZE, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, OR THROUGH THE WEBSITE, PLATFORM, APPLICATION OR COLLECTIVE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, PLATFORM, APPLICATION OR SERVICES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, PLATFORM, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY CLIENTS. YOU UNDERSTAND THAT BRIZE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE WEBSITE, PLATFORM, APPLICATION OR SERVICES OR TO EVALUATE THE QUALITY OF ANY CONTENT PRIOR TO THE TIME OF SALE. BRIZE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE, PLATFORM, APPLICATION, OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE, PLATFORM, APPLICATION, OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE, PLATFORM, APPLICATIONS, OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, PLATFORM, APPLICATION, OR SERVICES, INCLUDING, BUT NOT LIMITED TO CLIENTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED OR OTHERWISE FACILITATED BY BRIZE. NEITHER BRIZE, NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, MAKES ANY WARRANTY REGARDING THE QUALITY OF ANY CONTENT OR ANY OTHER SERVICES OR COLLECTIVE CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE WEBSITE, PLATFORM, APPLICATION, OR SERVICES.
BRIZE TOGETHER WITH ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES, PROVIDE THE WEBSITE, PLATFORM, APPLICATION, SERVICES AND COLLECTIVE CONTENT “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BRIZE, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEITHER BRIZE, NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, MAKES ANY WARRANTY THAT THE WEBSITE, PLATFORM, APPLICATION, SERVICES, OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, CONTENT INCLUDED THEREIN, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
NEITHER BRIZE, NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR (I) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, PLATFORM, APPLILCATION, OR DURING THE COURSE OF YOUR USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, DAMAGES ARISING FROM A PARTY’S WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD (A) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY LOST PROFITS OR LOST BUSINESS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) EITHER PARTY’S MAXIMUM AGGREGATE LIABILITY FOR ANY DAMAGES CLAIM RELATING TO THIS AGREEMENT SHALL NOT EXCEED FIVE THOUSAND DOLLARS ($5,000).
Communications Decency Act
Although our Code of Conduct prohibit users from posting defamatory material, we cannot ensure that it does not occur due to our limited editorial resources. Under Section 230 of the Communications Decency Act, we are not liable for defamatory material published by third parties (such as our users) on our Website, Platform, or Application.
We recommend that you report any alleged defamation by third parties to us with full details of who you are and how the material is defamatory and, if we agree it is defamatory, we may remove it. However, do not attempt to sue us, whether or not we remove such material, as we are not liable due to the Communications Decency Act and will attempt to recover any attorneys’ fees, costs, and disbursements from you that are incurred as a result of defending against such an unfounded lawsuit.
Additionally, due to the SPEECH Act 2010, you cannot attempt to sue us in another country for defamation and then attempt to domesticate the judgment in the United States to enforce it.
If it is unclear to us whether something is defamatory or not, regardless of whether it is a legal or factual lack of clarity, we will likely not remove the complained-about content. However, we may remove it in such instances if you produce for us a court order or declaration from within the United States declaring the specific content complained about to be unlawful.
Note that any actions we take to police defamatory material on our Website, Platform, or Application are strictly voluntary, and we reserve all rights under the Communications Decency Act, as well as any other statutory, constitutional, or common law defenses.
If you believe that Brize, rather than a third party, has posted defamatory material, please contact us with full details at email@example.com so that we can mitigate any alleged loss as soon as possible.
Representations & Warranties
We make no representations or warranties as to the merchantability of our Content, Website, Platform, Applications, or Services or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this Agreement or our services, for reasons including, but not limited to, failure of our service, loss of income, negligence, or any tort or other cause of action. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.
You agree that we are not responsible in any way for offers made by third parties through our Website, Platform, or Application.
We are not liable for any failure of our service, including any failures or disruptions, scheduled or unscheduled, intentional or unintentional, on our Website or Application which prevent access to our Website, Platform, or Application temporarily or permanently.
You acknowledge and agree that our Website, Platform, or Application may become unavailable at any given time, temporarily or permanently, with or without notice, and we will not be liable to you for any loss therefrom.
The provision of our service to you is contingent on your agreement with this and all other sections of this Agreement. Nothing in the provisions of this “Representations & Warranties” section shall be construed to limit the generality of the first paragraph of this section.
You agree to indemnify and hold harmless Brize and its principals, shareholders, agents, officers, directors, consultants, and employees from or against third-party claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses arising from or relating to any third-party claim, suit, action or proceeding arising out of the breach of Brize representations and warranties contained herein.
We may link to third-party websites from our own website or application including, among other things, coach websites or third-party payment processors. We have no control over, and are not responsible for, these third-party websites or their use of your personal information. We recommend that you review their privacy policies and other agreements governing your use of their website.
You consent to receive communications from us electronically. We will communicate with you by email (using the email address you provide to us either during the registration process or when you updated your email address) or by posting notices on this Website, Platform, or Application. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In addition to, but not in limitation of the foregoing, except as explicitly stated otherwise, any notices to us shall be given by email.
Choice of Law
This Agreement shall be governed by the laws in force in the State of Virginia. The offer and acceptance of this contract is deemed to have occurred in the State of Virginia.
Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Virginia. Specifically, you agree that any disputes shall be heard, where eligible, solely within the Civil Court of the Virginia—Small Claims Part (“Small Claims Court”).
You agree that where the amount you would otherwise claim exceeds the monetary jurisdiction of the Small Claims Court, which at the time of the publication of this Agreement is up to $5,000, you will waive your right to collect any damages in excess of the monetary jurisdiction and instead only sue us for the maximum amount of $5,000.
Likewise, if you have multiple causes of action, you agree that if your claim would be eligible to be heard by the Small Claims Court, except that one or more of the causes of action or other rights to collect damages would not be eligible for the Small Claims Court to hear, you will waive your right to claim damages for any of the ineligible claims and instead still bring the dispute in the Small Claims Court for only the claim or claims over which the Small Claims Court has jurisdiction to hear.
Likewise, if you would otherwise have any non-monetary remedies available to you outside of the Small Claims Court, such as the right to an injunction, specific performance, or other equitable relief, you agree that you will waive your right to obtain such relief against us. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the prevailing party in any dispute will be entitled to claim from the unsuccessful party the entire amount of the prevailing party’s reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Brize without restriction.
This Agreement may not be assigned, in whole or in part, any other party without the prior written consent of Brize, and such consent may be withheld for any reason or no reason.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
We may amend these Terms from time to time, so we reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. It’s also possible that we might ask you to agree to our Changes. You should regularly check this page for notice of any Changes.
Your continued use of Brize following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Brize immediately.
Any inquiries about your rights under these Terms, or any other matters regarding your privacy, can be directed to firstname.lastname@example.org.
Last Modified: May 13, 2021