Terms of Use
Effective Date: August 21st, 2018
Acceptance of the Terms.
The following terms and conditions, (these “Terms”) are entered into by and between you and Briocare Inc, which does business as Briocare (“Company”, “we” or “us”). These Terms apply to anyone who visits our sites www.briocare.us or www.brio.care (collectively, our “Site”) or uses any products and services made available by us (collectively with the Site, the “Services”).
Please read these Terms carefully. By accessing, browsing or otherwise using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you (1) acknowledge that you have read and understood these Terms, (2) represent and warrant that you meet all of our eligibility requirements for using the Services as described in these Terms, and (3) accept and agree to be bound by these Terms, including any other terms applicable to the Services that are incorporated herein by reference. If you are using the Services on behalf of an entity, you are agreeing to these Terms for that entity and are representing to us that you have the authority to bind that entity to these Terms (in which case “you” will refer to that entity). If you do not accept these Terms or do not satisfy the eligibility requirements set forth below, you may not access or use the Services.
Privacy Policy.
Your use of, and participation in, certain Services offered by the Company is subject to the terms set forth in our privacy policy located at (the “Privacy Policy”) . Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect, use, and treat your information. The Privacy Policy is incorporated into these Terms by reference.
Changes to the Terms of Use.
We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Effective Date” at the top of this page so you can tell if these Terms have changed since your last visit. Any such changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.
Eligibility; User Restrictions.
We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use the Services. The Services are not intended for use by anyone under the age of 13. If you are under 13, you are not permitted to use the Services.
The Services are based in the United States but may be accessed in other parts of the world. If you use the Services from outside of the United States, you acknowledge and agree that you are doing so at your own initiative and at your own risk and that you are solely responsible for ensuring that your use of the Services comply with all applicable laws of your specific jurisdiction, including the specific laws of your jurisdiction regarding the import, export, or re-export of the Services. By submitting any personally identifiable information to us through the Services, you consent to the transfer, processing and storage of your information in the United States in accordance with our Privacy Policy.
Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria.
Account Registration.
You can use parts of the Services without creating a user account (“Account”). Certain aspects and features, however, may require you to create an Account. If you create an Account, or if we create one for you, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible.
You should not share your Account information. You may never use another person’s Account or registration information for the Services without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
You can always delete your Account by emailing us at hello@briocare.us
Use of the Services.
The Services are solely for your internal use and may not be resold. Additionally, you may only use the Services as explicitly authorized and in compliance with these Terms and any policies made available to you within the Services. Without limiting the foregoing, you may not do any of the following while accessing or using the Services: (1) scrape the Services or using other automated or manual means to take our content without our express prior written consent; (2) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Services not intended to be so read; (3) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure; (4) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (5) bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services; (6) run any form of auto-responder or “spam” on the Services; or (7) access or use the Services for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party.
We may from time to time in our sole discretion develop and provide updates to the Services, change the Services, restrict access to the Services (including to registered users) or withdraw or terminate the Services entirely, and we reserve the right to do so in our sole discretion without notice. Any such updates or changes will be deemed part of the Services and subject to all terms and conditions of these Terms. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.
Purchase of Services.
We make certain Services available for purchase, including hardware products, software licenses and related services. If you purchase a Service by executing an order form, your purchase and use of such Services is also governed by additional terms and conditions that we will provide to you in relation to your purchase (“Terms of Sale”). The Terms of Sale are hereby incorporated into these Terms by reference. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms will control with respect to such service.
Telephone Communications.
Telephone communications with us, including calls with any of our agents or independent contractors, may be monitored and/or recorded for quality assurance purposes. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded. By providing us with a phone number (including mobile) as your contact number, you expressly authorize us to contact you regarding your account for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.
Intellectual Property.
We retain all right, title and interest in the intellectual property (including all copyrights, patents, trademarks, trade secrets, and trade dress) embodied in the Services, including without limitation, all hardware, software, technology and processes, enhancements or modifications thereto, trademarks, service marks, site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof, and any products or deliverables. You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright laws, and that using the Services does not grant you any right, title or license in any such proprietary information, except as expressly granted in the Terms of Sale when you purchase a Service.
You may not copy, reproduce, modify, create derivative works from, or distribute any content from or aspect of our Services, unless any such rights are expressly granted in the Terms of Sale with respect to a purchased Service. Also, these terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
If you provide any content, data, materials or other information directly to us in connection with the Services, you grant us an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free right and license to use such information in any way and without restriction, except as otherwise set forth in the Terms of Sale with respect to information you provide us in connection with a purchased Service.
We reserve all rights not expressly granted under these Terms. To inquire about obtaining authorization to use the materials or content other than as permitted in these Terms, please contact us at hello@briocare.us.
Confidential Information.
You agree that you will keep all of our Confidential Information confidential, use it solely for the purpose of, and in connection with, your business relationship with us, and will protect it from disclosure using at least the same degree of care as you use to protect your own confidential information but no less than reasonable care, and not disclose it to any third party without our prior written consent. You may share our Confidential Information with only your employees who have a need to know and who are subject to legally binding obligations of confidentiality no less restrictive than those imposed by these Terms. These confidentiality obligations do not apply to any Confidential Information that you can demonstrate was in your possession before receipt from us, is or becomes publicly available through no fault by you, or you rightfully received from a third party without a duty of confidentiality. “Confidential Information” means any confidential or proprietary information pertaining to or provided by us, including, without limitation, pricing, discounts, marketing and sales information, product plans, business plans, customer and supplier data, software, financial and technical information, “know-how,” trade secrets, and other information, whether such information is in written, oral, electronic, web-based, or other form.
Third Party Materials and Content.
You understand that Services may display, include, or make available content, data, information, applications or materials from third parties or provide links to certain third party web sites (“Third Party Materials”).
You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We expressly disclaim any responsibility for all aspects of the Third Party Materials and you further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services in connection with any Third Party Materials.
Use of any third party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in the Agreement grants You any license to third party trademarks or content, which shall remain the property of their respective owners.
Warranty Disclaimers; Limitation of Liability.
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY THE COMPANY OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT ANY OF THE SERVICES OR ANY CONTENT AVAILABLE THROUGH ANY OF THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IN NO EVENT WHATSOEVER SHALL COMPANY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES, COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO COMPANY IN THE SIX (6) MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY OF THE SERVICES OR FEATURE RELEVANT TO THE CLAIM, OR (2) US$500.00.
THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services or your use of any information obtained through use of the Services.
U.S. Government Rights.
The Services are deemed to be “commercial computer software” and “commercial computer software documentation”, respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performing, displaying or disclosing of the Services by the U.S. Government shall be governed solely by these Terms.
Compliance with Law; Export Regulations.
You certify that you are legally permitted to use the Services and agree to comply with all laws and regulations applicable to you in connection with any such use. Without limiting the foregoing, you understand that our Services, which include technology and software, are subject to U.S. export laws as well as the laws of the country where it is delivered or used. You agree to adhere to all U.S. and foreign export control laws and regulations and will not export or re-export any technical data or products except in compliance with the U.S. Export Administration Act and the related rules and regulations and similar non-U.S. government restrictions, if applicable.
Governing Law.
No matter where you’re located, the laws of the State of Texas will govern these Terms and the relationship between you and the Company as if you signed these Terms in Texas, without regard to texas state’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in Denton county, Texas for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.
Dispute Resolution.
You agree that we will attempt to resolve any dispute through negotiation or by utilizing a mediator agreed to by the parties, rather than through litigation. Negotiations and mediations will be treated as confidential. If we are unable to reach a resolution within 30 days of a dispute, we may pursue all other courses of action available at law or in equity.
Severability.
If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
Entire Agreement.
These Terms constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.
Force Majeure.
We take our commitment to customers seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.
Assignment.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
Waiver.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Notices and Communications.
We may contact you or provide you with service-related and/or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us. You may send us a request to opt out of some of those communications by clicking the unsubscribe link in the promotional emails or by emailing us at hello@briocare.us.
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to hello@briocare.us.
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