TERMS OF SERVICE

Last updated: 02/03/2024

1. Introduction

Welcome to BrassTacks Works (“Company”, “we”, “our”, “us”)! As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://brasstacks.works operated by BrassTacks Works

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://brasstacks.works/privacy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at hello@brasstacks.works so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

The Services enable registered “Creator” to create, list and market text message-based lessons for education, training and development purposes (the “Courses”).  The Services also enable registered “Learners” (and their Permitted Users, as defined below) to enroll with an Author to take a Course.   The Courses are completed via text messaging or via other messaging features that we may offer.  The Services also enable users to store, post and share content such as texts (in posts or communications with others), files, documents, graphics, images, music, software, audio and video (collectively, “User Content”).  Using the Services, Users  and Learners directly interact with each other regarding enrollment in Courses.   BrassTacks’ role is limited to providing the Services to facilitate these interactions.  BrassTacks is not a party to any interaction or agreement between Users and Learners.

In consideration of the mutual promises herein, the Parties agree as follows:

2. Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.

3. Purchases

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.  We reserve the right to refuse or cancel your order if fraud or an unUserized or illegal transaction is suspected. 

4. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

5. Subscriptions

Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or BrassTacks Works cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting BrassTacks Works customer support team.

(a) Subscription Transfer

• No Post-Completion Transfers: Once a learner has completed a course, their subscription cannot be transferred to another user. This change ensures that each learner’s progress and achievements remain uniquely theirs, upholding the integrity of the learning experience.

• Fee: A nominal fee of $2.00 will be charged per transfer to cover administrative expenses, ensuring a smooth transition for the new learner.
• Limitations: Subscriptions may be transferred up to 3 times per year to prevent abuse while providing adequate flexibility.
• Notification: Please notify us at least 7 days in advance of the desired transfer date to facilitate the process.

(b) Subscription Pause Policy

• Pause Allowance:
• Pause Frequency: You can pause your annual subscription up to two times each year, providing you the flexibility to adjust for seasonal business variations or other unforeseen circumstances.
• Pause Duration: Each pause can last from a minimum of 7 days up to a maximum of 30 days, allowing you to tailor the pause duration to your specific needs.
• Activation: To pause a subscription, contact our support team with your request and the reason for the pause.

(c) Subscription Extensions:

Extending Your Subscription: To ensure you benefit from the full term of your subscription, any pause will extend the original end date of your subscription by the total duration of the pause(s). This means if you pause for 30 days, your subscription's end date will be extended by 30 days, ensuring you receive the full value of your annual commitment.

How to Request a Pause: Simply contact our customer support team with your account details and the desired start and end dates for your pause. We ask that you provide us with this information at least 7 days in advance to ensure seamless processing.

1. Fee Payments. When you purchase a Subscription from BrassTacks (each, a “Transaction”), you agree to the pricing, billing and payment terms as posted or otherwise communicated to you.  We will bill you via one of these methods (as specified in your Order):

A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide BrassTacks Works with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize BrassTacks Works to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, BrassTacks Works will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

1. Taxes.  You are solely responsible for all costs that you incur in using the Services and in determining, collecting, reporting and paying all applicable duties, customs fees or taxes (other than our income tax) associated with the Services provided to you, including any sales, VAT or other applicable tax, and any related penalties or interest.  
   
   
2. Cancellations.  

• If you are a Learner, please note that if you do not or cannot complete a Course within the period of time set by the Creator(s), you will be required to re-enroll in the Course.  
• If you are an Creator or User, you may cancel a Subscription payment Transaction for a full refund by notifying us within 10 calendar days of your initial purchase.  After that, you may still cancel, but your purchase will be final, non-refundable and non-creditable.  If you cancel a Subscription, your Subscription rights and obligations will terminate at the end of your Subscription period.  
• To cancel a Transaction, you may notify us as follows: Email: hello@brasstacks.works 

6. Free Trial

BrassTacks Works may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

From time to time, we may offer certain Services or products to you on a limited basis without fee or charge, including for example, free accounts, trial use, and access to pre-release and beta services or products (collectively, “Trial Services”).  Your use of Trial Services are subject to any additional terms that we may specify.  We may terminate your access or use of Trial Services at any time in our sole discretion, without liability.

You may be required to enter your billing information in order to sign up for Free Trial.

If you do enter your billing information when signing up for Free Trial, you will not be charged by BrassTacks Works until Free Trial has expired. On the last day of 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.

At any time and without notice, BrassTacks Works reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

7. Fee Changes

BrassTacks Works, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

BrassTacks Works will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

8. Refunds

Except when required by law, paid Subscription fees are non-refundable.

9. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

BrassTacks Works has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of BrassTacks Works or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

10. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

1. In any way that violates any applicable national or international law or regulation.
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
4. Use any device, software, or routine that interferes with the proper working of Service.
5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
8. Take any action that may damage or falsify Company rating.
9. Otherwise attempt to interfere with the proper working of Service.

11. Data Processing

SMS Terms

1. BrassTacks is a text-message based learning platform. You can expect to receive course content messages for courses that you sign up for.
2. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
3.  If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly by emailing us at hello@brasstacks.works.
4. Carriers are not liable for delayed or undelivered messages.
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages daily. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
6. If you have any questions regarding privacy, please read our privacy policy: https:/brasstacks.works/privacy-policy

12. Analytics 

We may use third-party Service Providers to monitor and analyze the use of our Service.

13. No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

14. Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

• Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of BrassTacks Works and its licensors. Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BrassTacks Works.

1. Our License to You.  BrassTacks hereby grants you the limited, non-exclusive, non-transferable, non-assignable and non-sublicensable right to access and use the Services, and to permit your Permitted Users to access, use and receive the benefit of the Services, including the content and materials made available through the Services (the “Content”), solely for the purposes of this Agreement.  “Permitted User” means any employee or agent whom you authorize to use the Services.  Subject only to the foregoing, BrassTacks retains all worldwide rights, title and interest in and to the Services, Usage Metadata, and Intellectual Property Rights embodied therein or related thereto, whenever developed.   "Intellectual Property Rights" means all patents, copyrights, trade secrets, trademarks and service marks, trade names, trade dress, goodwill and marketing rights related thereto, works of authorship, inventions, discoveries, improvements, enhancements, methods, processes, formulas, designs, techniques, derivative works, know how, all other intellectual property or proprietary rights (registered or not) and equivalents or similar forms of protection existing worldwide, and all applications for and registrations in such rights.  “Usage Metadata” means and includes aggregated data sets, reports and analyses that we may create relating to the Services, in a form that is anonymized and does not identify you or any individual user.
2. Permitted Users.  You agree that the maximum number of Permitted Users (i.e., Learners) that you authorize to access and use the Services will not exceed the number of Permitted User Subscriptions you have purchased.  “Permitted User Subscriptions” means the user subscriptions or “seats” that you purchase, which entitle Permitted Users to access and use the Services in accordance with this Agreement.  If you wish to increase the number of Permitted User Subscriptions, you must notify us in writing and if we agree to increase the number of Permitted User Subscriptions, we will invoice you at the then-current rate for the additional Permitted User Subscriptions.  You will not allow any Permitted User Subscription to be used by more than one individual Permitted User unless it has been reassigned in its entirety to another individual, in which case the prior individual will no longer have any right to access or use the Services.  You also will cause each Permitted User to keep a secure, confidential password for use of the Services, and to change such password on a regular basis.
3. Your License to Us. You grant to BrassTacks, its affiliates and their respective agents, suppliers and subcontractors, a non-exclusive, transferable, worldwide, perpetual, royalty-free license, with the right to sublicense through multiple tiers, to (i) access and use, ingest, reproduce, duplicate, format, store, distribute, display and perform the User Content, User Comments (defined below), and associated metadata in order to provide the Services, and (ii) generate Usage Metadata.  Subject to the foregoing license, you retain all rights, title and interest in and to your User Content and the Intellectual Property Rights therein.  
4. User Content.  You are solely liable for your User Content.  By providing User Content, you represent and warrant that: (i) you own or have all necessary licenses, rights, consents and permissions to grant the license herein; and (ii) neither the User Content, nor any access or use of the User Content via the Services, will infringe, misappropriate or otherwise violate a third party’s intellectual property rights or rights of publicity or privacy, or result in the violation of any other applicable law or regulation.  BrassTacks expressly disclaims any liability for Course content, quality, timing, suitability, reliability, accuracy, completeness, legality or availability.  You may remove your User Content from the Services by specifically deleting it to the extent feasible and practicable, or by contacting us at hello@brasstacks.works  In some instances, certain User Content (such as posts or comments) may not be completely removed and copies may continue to exist on the Services.  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 or liability, including if we, at our sole discretion, consider it objectionable or in violation of this Agreement.  
5. User Comments.  As a Learner, upon completing a Course you may be invited to leave comments on the Services regarding your experience with a Course and its User (“User Comments”). We advise you to exercise caution when posting User Comments because once submitted they cannot be edited.  You are solely liable for your User Comments.  We do not monitor or censor User Comments, but we reserve the right, in our sole discretion, to remove User Comments that we deem in violation of this Agreement.  BrassTacks expressly disclaims any liability for User Comments.  
6. Feedback.  We appreciate any feedback, comments, ideas, proposals, suggestions, recommendations, enhancement requests, data, statistics or other information that you may provide regarding the Services (“Feedback”).  You agree that BrassTacks owns all right, title and interest in such Feedback, including all associated Intellectual Property Rights
7. Third Party Resources.  The Services may allow you to access and/or integrate with certain third-party products, services, websites or other resources, including any content, products or services that they display, link to, or make available (“Third Party Resources”).  We provide access to Third Party Resources only as a convenience, without endorsement or liability.  If you choose to use any Third Party Resources in connection with the Services, we may provide the relevant third party provider with access or use of your information as authorized by you.  Access and use of any Third Party Resources will be subject to any applicable agreement between you and the third party provider. We are not responsible for any access to or use of your information by such third party providers.  BrassTacks expressly disclaims all liability for any Third Party Resources and for the acts and omissions of any third-party providers.

15. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to hello@brasstacks.works , with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

16. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at hello@brasstacks.works 

17. Error Reporting and Feedback

You may provide us either directly at hello@brasstacks.works or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

The third party sites and tools mentioned above include the following:

18. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by BrassTacks Works

BrassTacks Works has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT BRASS TACKS WORKS 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 SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

19. Disclaimer 

General. THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

1. Third Party Charges.  BrassTacks, ITS AFFILIATES AND LICENSORS DO NOT GUARANTEE ANY TEXT (SMS) MESSAGE DELIVERY, TIMELINESS OR AVAILABILITY, AND ARE NOT RESPONSIBLE FOR ANY LOST OR MISDIRECTED MESSAGES, OR FOR ANY TEXT MESSAGING OR WIRELESS SERVICE CHARGES INCURRED IN CONNECTION WITH THE SERVICES.
2. No Liability for User Conduct.  BrassTacks, ITS AFFILIATES AND LICENSORS ARE NOT RESPONSIBLE FOR ANY USER CONDUCT, NOR WILL THEY BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND OTHER USERS. BrassTacks DOES NOT RECOMMEND ANY PARTICULAR COURSE OR CREATOR.  BrassTacks DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY CREATOR’S PROFESSIONAL ACCREDITATION, REGISTRATION, LICENSE OR OTHER QUALIFICATIONS.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

21. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

22. Governing Law

These Terms shall be governed and construed in accordance with the laws of State of California without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

23. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

24. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

25. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

26. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Contact Us

Please send your feedback, comments, requests for technical support:

By email: hello@brasstacks.works