Last Updated: 15 February 2022
- Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity, provided that if you have entered into a separate agreement with Brize for the Services, then in the event of a conflict between these Terms and the other agreement, the terms of the other agreement supersedes these Terms in that regard.
3. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Who May Use the Services?
a. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Brize, and not otherwise barred from using the Services under applicable law. For certain features of the Services you’ll need an account (“Account”). You may create an account as an individual if you are using the Services in your own capacity, or you may access the Services by an enterprise customer of Brize, for example, your employer. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your Account. To protect your Account, keep the Account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your Account. Unless otherwise explicitly permitted by Brize, you may only possess one Account. [You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity.]
b. Our Services may allow you to store certain content such as text, documents, and images as part of your user profile on your Account (“User Content”). Brize does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. By making any User Content available through the Services you hereby grant to Brize a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services. You are solely responsible for all your User Content.
5. Accessing Content. The Services will allow you to access career, leadership, and development content (“Content”) provided by Brize’s.
6. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
7. Subscriptions. Brize requires payment of a Subscription (“Subscriptions”) fee for use of the Services (or certain portions thereof) and you agree to pay such fees.
a. General. With each a Subscription (a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
b. Subscriptions. For certain aspects of the Services (e.g. certain Content, or other features as may be indicated via the Services), you’ll need a Subscription. If you purchase a Subscription, you will be charged the monthly, 3-month or annual Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each month thereafter, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE BRIZE TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month, 3-month or year on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Brize. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
c. Free Trial. Brize may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). If we offer you a Free Trial, the specific terms of your Free Trial will be provided at signup and/or in the promotional materials describing the Free Trial and your use of the Free Trial is subject to your compliance with such specific terms. Free Trials may not be combined with any other offer. Except as may otherwise be provided in the specific terms for the Free Trial offer, Free Trials are only available to users who have not previously subscribed to the service in connection with which the Free Trial is being offered. You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Brize until the Free Trial has expired. Unless otherwise stated in the specific terms for the Free Trial, on the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. Subject to applicable law, at any time and without notice, Brize reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
d.Cancelling Subscription. You may cancel a Transaction for a full refund within ten (10) calendar days of your initial purchase. AFTER THAT, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE WITH RESPECT TO YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You can cancel your subscription by sending an email to firstname.lastname@example.org or use the cancel functionality from the Brize website while logged into your account. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current subscription period and will then terminate without further charges.
8. General Prohibitions and Brize’s Enforcement Rights. You agree not to do any of the following:
a. Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
b. Use, extract, scrape, index, display, mirror or frame the Services or any individual element within the Services, such as the Content, Brize’s name, any Brize trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Brize’s express written consent;
c. Use, copy, modify, record, create derivative works based upon, distribute, publicly display, or publicly share any of the Content for any purpose other than for your individual benefit in accordance with this Agreement, without Brize’s express written consent;
d. Sell, resell, rent or lease use of the Services to any other third parties, or otherwise allow any other third party to access and use the Services on your behalf or via your Account;
e.Access, tamper with, or use non-public areas of the Services, Brize’s computer systems, or the technical delivery systems of Brize’s providers;
f. Attempt to probe, scan or test the vulnerability of any Brize system or network or breach any security or authentication measures;
g. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Brize or any of Brize’s providers or any other third party (including another user) to protect the Services;
h. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Brize or other generally available third-party web browsers;
i. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
j. Use any meta tags or other hidden text or metadata utilizing a Brize trademark, logo URL or product name without Brize’s express written consent;
k. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
l. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
m. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
n. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
o. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
p. Impersonate or misrepresent your affiliation with any person or entity;
q. Violate any applicable law or regulation; or
r. Encourage or enable any other individual to do any of the foregoing.
Brize is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
9. Copyright and Intellectual Property. Brize respects copyright and intellectual property law. If you believe that any content on the Site infringes or violates your rights, please don’t hesitate to contact us at email@example.com.
10. Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
11. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your Account, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending us an email at firstname.lastname@example.org or in your Services account. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: [4(b), ]7(a), 7(b), 7(c) (only for payments due and owing to Brize prior to the termination), 11, 12, 13, 14, 15, 16 and 17.
12. Warranty Disclaimers. THE SERVICES AND CONTENT AVAILABLE THEREIN ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT, INCLUDING CONTENT, ON THE SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY OPINIONS EXPRESSED BY EXPERTS VIA THE SERVICES ARE THEIR OWN. WITHOUT LIMITING THE FOREGOING, BRIZE DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE COMPLETENESS, TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY EXPERT OPINIONS, DISCUSSIONS WITH EXPERT (WHETHER AS PART OF THE CONTENT OR OTHERWISE) OR OTHER COMMUNICATIONS POSTED OR PROVIDED BY EXPERTS VIA THE SERVICES. USE OF OR RELIANCE UPON ANY INFORMATION OR OPINIONS PROVIDED BY THE EXPERTS IS SOLELY AT YOUR OWN RISK.
13. Indemnity. You will indemnify and hold Brize and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
14. Limitation of Liability.
a. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BRIZE NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRIZE OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
b. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL BRIZE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO BRIZE FOR USE OF THE SERVICES IN THE PAST SIX (6) MONTHS OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BRIZE, AS APPLICABLE.
c. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BRIZE AND YOU.
15. Dispute Resolution for Individuals.
This section only applies if you are accessing or using the Services as an individual.
a. Governing Law and Forum Choice. You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the Commonwealth 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.
16. Dispute Resolution and Governing Law for Companies and Legal Entities.
This section only applies if you are accessing or using the Services on behalf of a legal entity.
a. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws provisions. The exclusive jurisdiction for all dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services will be the state and federal courts located in the Fairfax County, and you and Brize each waive any objection to jurisdiction and venue in such courts.
17. General Terms.
a. Reservation of Rights. Brize and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services and Content.
b. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Brize and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Brize and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Brize’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Brize may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
c. Notices. Any notices or other communications provided by Brize under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
d. Waiver of Rights. Brize’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Brize. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
18. Contact Information. If you have any questions about these Terms or the Services, please contact Brize at email@example.com, P.O. Box 2863, Merrifield, VA 22116.