TERMS OF USE AND CONDITIONS
By using this site, you agree to be bound by the following terms of use and
conditions:
- Restrictions on Use. This site is
owned and operated by Brave New Consultants Inc. (“BraveLine”) and may contain
material which is derived in whole or in part from other sources. The material
on this site and the third party sites (defined below) may be protected by
national and international copyright, trademark and similar laws. You may not
modify, copy, reproduce, republish, upload, post, transmit, disseminate, sell
or distribute in any way any material from this site, including, without
limitation, code and software. Printing of any materials from this site is
strictly limited to personal, non-commercial use. You shall have no rights to
the proprietary software and related documentation or any enhancements or
modifications thereto that permit you to access this site.
- Links. Links provided on this site to third party sites are provided
solely as a convenience to you and the provision of a link to a third party
site does not constitute an endorsement by BraveLine of such third party site
or its provider or any of the content, products or services contained or
offered in such third party site. BraveLine makes no representation or
warranty, express, implied or otherwise, concerning the accuracy, availability
or lawfulness of any linked site. The link to a third party site is provided
for reference and as a citation and is not intended to state or imply that
BraveLine is affiliated, associated with, or legally authorized to use any
trade name, registered trademark, logo, legal or official seal, or copyrighted
symbol or material contained in the link. Trademarks and logos appearing on
this site are the property of the owners of such marks and
logos.
- Disclaimer. This site and its contents and the third party sites and their
contents are provided on a strictly “as is” and “as available” basis and
without warranties or representations of any kind, express or implied.
BraveLine specifically disclaims all representations and warranties, express,
implied or otherwise, including, without limitation, implied warranties of
merchantability and fitness for a particular purpose and non infringement, and
any warranties as to results that may be obtained through the use of this
site. BraveLine does not warrant that the functions contained in the materials
furnished on this site or any third party site will be uninterrupted or error
free, that defects or errors will be corrected or that this site or any third
party site, as the case may be, will be available, free of viruses or other
harmful components. Braveline further disclaims any representation or warranty
that the content of this site or any third party site is timely, accurate,
correct or reliable. Your use of this site is solely at your own
risk.
- No Relationship. The use of this site or any third party site shall not
constitute any relationship, business or otherwise, between BraveLine and
you.
- Limitation on Liability . Under all circumstances, including, without
limitation, negligence and strict product liability, your use of this site and
any third party site is solely at your own risk. BraveLine shall not be liable
for any direct, indirect, consequential, incidental, special, punitive or
other damages (whether liability is asserted in contract, tort or otherwise),
costs or expenses including, without limitation, lost profits, lost data, loss
of good-will, loss of or damage to property or claims of third parties arising
out of, in connection with, or relating to, your use of this site or any third
party site. Should you be dissatisfied with this site or the content hereof
and/or any third party site and the content thereof for any reason or no
reason, your sole and exclusive remedy is to discontinue use of such sites. To
the extent permitted by applicable law, the foregoing remedy shall apply even
if BraveLine knew or should have known of the possibility of damages to you by
use of this site or any third party site.
- Copyrighted Materials . In accordance with Title 17 U.S.C. § 512, as
amended by Title II of the Digital Millennium Copyright Act, BraveLine has
implemented procedures for the removal of material that is copyright protected
and infringed upon. If you believe that a copyright has been infringed upon,
please provide BraveLine with written, signed, notification by certified mail
addressed to “Privacy Policy Officer” at the address set forth in section 11
below. Your notification must include the following information: (i)
identification of the copyrighted material claimed to have been infringed
upon; (ii) information as to the location of such copyrighted material
sufficient to enable BraveLine to locate such material; (iii) information
sufficient to enable BraveLine to contact the owner of the such copyrighted
material; (iv) a statement that the use of the material is not permitted or
authorized by the owner of such material; and (v) a statement that the
information contained in the notification is certified as true under the
penalties of perjury. Notification that fails to comply substantially with the
foregoing will not constitute knowledge or awareness as to any alleged
infringement.
- Indemnification. You shall defend, indemnify and hold BraveLine and its
affiliates and their respective shareholders, directors, officers, employees
and/or agents harmless from and against any and all claims, costs and expenses
including, without limitation, attorneys’ fees incurred by BraveLine and its
affiliates and their respective shareholders, directors, officers, employees
and/or agents relating to your use of this site or any third party
sites.
- Choice of Law. Your use of this site
shall be governed by and construed in accordance with the laws of the State of
New York, without giving effect to any conflict of laws provisions or
principles. In the event of any action or proceeding, venue in such action or
proceeding shall lie in the State, City and County of New York and you consent
to personal jurisdiction of the courts of such state. If any provision or
portion thereof set forth in these terms of use and conditions shall be found
to be unlawful, void or, for any other reason unenforceable, then such
provision or portion thereof shall be deemed severable and shall not affect
the validity and enforceability of any other provision. To the extent
permitted by applicable law, you agree that, by using this site, regardless of
any statute or law to the contrary, any claim or cause of action that you may
have arising out of, in connection with or relating to, your use of this site
and/or these terms of use and conditions, must be filed within one (1) year
after the claim or cause of action accrued or such claim or cause of action
shall forever be barred.
- Privacy Policy.
(a) Presently, BraveLine does not retain personal
identifying information for users of this site. (BraveLine will retain
information you affirmatively elect to provide to us as “contact information”
for you. This information is not shared with any third party unless BraveLine
believes that the provision of such information is required by law).
Notwithstanding the foregoing, BraveLine makes no representation as to whether
any third party site collects and/or utilizes any such information.
(b) By
cookie technology, BraveLine may track certain information (other than
personal identifying information) relating to your visit to this site so that
BraveLine may better serve you. Cookies are text files that are commonly
deposited by sites on a user’s hard drive. The file identifies a user’s
computer and can record the user’s preferences and certain other information.
Generally, cookies make it easier for you to interact with a site. You may be
able to prevent BraveLine’s collection of such data by setting your browser to
reject cookies but blocking cookies may adversely affect your ability to
interact with this site. To find a cookie file, search for cookie.txt, cookies
or MagicCookie.
(c) BraveLine reserves the right to change its policy
relating to the collection of information, in its sole discretion, without
advance warning to you or any user of this site. In the event of a change in
policy, BraveLine will endeavor to provide updated information relating to our
policies on this web page as soon as possible. Your continued use of this site
is conditioned upon your agreement to be bound by the latest terms of use and
conditions.
- Headings/Termination of Agreement . The section headings provided in these
terms of use and conditions are provided for reference purposes only and have
no legal significance. The provisions of these terms of use and conditions
shall survive the expiration or termination of this agreement and your use of
this site.
- Contact Us .
You may contact BraveLine with questions about these terms of use and
conditions, including BraveLine’s privacy policy, by emailing BraveLine at info@braveline.com
. BraveLine’s mailing address is as follows: 136
West 21st Street, 8th Floor, New York, New York 10011.
- Acknowledgement. You are responsible for reviewing and becoming familiar
with these terms of use and conditions, as same may be amended from time to
time. By using this site, you acknowledge and agree that (i) you have read and
understand these terms of use and conditions and that you agree to be bound by
the terms, provisions and conditions set forth herein, as same may be amended
from time to time and (ii) the disclaimer, limitation of liability and
indemnification provisions set forth in these terms of use and conditions are
an agreed upon allocation of risk and form an essential part of your agreement
of use of this site. If you do not agree to be so bound, you are directed to
discontinue use of this site immediately.