The Braintrust Consulting Group LLC. ("Braintrust," "Company," "BTCG," "we," "us," or "our) operates a website primarily but not exclusively found at braintrustgroup.com (the "Site") and any associated mobile access services or applications (collectively, any connected or referred features and applications, along with the Site are referred to as the "Service" or "Services").
You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these User Terms (the "Terms") and any supplemental terms related to the Services. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE Services AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents may be posted on the Services or updated from time to time. Such terms may include, the Privacy Policy, Community Guidelines, or mobile application terms, and are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or modifications to this User Agreement at any time and for any reason. We will indicate changes by updating the "Last Updated" date. By using the Services you waive any right to receive specific notice of each such change. It is your responsibility to periodically review the User Agreement to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised User Agreement by your continued use of the Services after the date such revised User Agreements are posted.
The Services provides an online media experience and content including but not limited to an online exchange for a variety of media, goods, products, and/or events, including the connection of Users accessing the Services as registered or non-registered participants ("Participants") or as registered instructors ("Instructors"). Collectively Participants and Instructors are referred to as Users (the "Users"). Participant and Instructor interaction may be enabled through multiple types of media including but not limited to recorded messages, posted media, live audio/video interactions, messaging and merchandise purchases.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, internet-related, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in this User Agreement will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
When you use the Services in any way, you agree to receive communication from the Services, BTCG, or other Users. This communication may be in the form of electronic mail or messages posted to your User Account. You may also receive SMS or text messages related to verification of or accessing your account, you may also elect to receive other SMS notifications and you are responsible for any charges from your carrier or provider for your use of such services.
BTCG does not own the User Content and does not endorse or support any of the opinions or information within such Content. All interaction on BTCG is between Users of the Service. Further, BTCG does not provide any accounting of the accuracy of the information in User Content.
BTCG reserves the right to operate the Services in our sole discretion, including but not limited to taking the following actions:
Delete any User Content that we feel is not acceptable on the Services
Permanently or temporarily prevent access to portions of the Services
Remove or restrict any User Account
Monitor the use of the Services by any User
Provide disclosure of any User's activity on the Services if legally required
Definitions
"Instructor Uploads" means any audio, video, photographic or other media uploaded to the Services by or on behalf of an Instructor, including any content recorded from live interaction or Instructor Events.
"Instructor Events" means Instructor Content or functionality which is hosted on the Services and which allows Fans the option of live interaction with Instructor Content or the Instructor rather than just viewing Instructor Uploads. Instructor Events may be recorded and posted as Instructor Content.
"Instructor Content" means collectively Instructor Uploads and Instructor Events and User Feedback.
"User Account" means the information regarding a User who has completed the User Account Registration process.
"User Content" means any content in any format that is uploaded by a User which can be accessed by other Users including audio and video recordings of a User's participation in any live interaction or Instructor Events on the Services.
"Content Price" means the cost in United States Dollars (US$) set by Instructor for Fans to access the Instructor Content.
"Fee-Based Content" means any Instructor Content, Instructor Event or any other item offered on the Services that involves a purchase to view or experience.
"User Feedback" means any comments, or interaction posted on the Services in relation to Instructor or Instructor Content by either Instructor or Fans, or public participants.
"Virtual Classes" are available for sale through the Services. The User receives an email with URL links and class viewing information following the online purchase of the class.
2. USER ACCOUNT REGISTRATION
Certain features of the Services require you to register and create a User Account, you must register on the Services by completing all required fields in the Registration process with true and accurate information. You must be at least thirteen (13) years of age to register a User Account. You agree that you are fully responsible for any and all activities that take place within your User Account on the Services. In addition, by registering as User you agree to the following terms:
You are responsible for maintaining the confidentiality of your User Account information, including your username, password and other credential information.
You agree not to disclose your login details to any other person or entity and will immediately notify us at info@braintrustgroup.com if you have any suspicion or reason to believe that someone has access to your account without your permission or if the account has been subject to any other breach of security.
You agree that all information provided in your User Account registration is accurate.
You are responsible for all activities that occur on or in connection with your User Account.
You agree that any User Content you provide is your own and does not infringe the intellectual property rights of another person or entity.
You agree that all information you provide, including but not limited to information provided through the use of any interactive features on the Services, is governed by our Privacy Policy and you access the Services acknowledging and agreeing to the Privacy Policy.
We reserve the right to verify any and all information provided in the User Account registration and may restrict or suspend the account if the information cannot be confirmed.
You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your User Account.
You agree that your use of the Services is dependent on your own network connection and data rate and BTCG is not responsible for issues or refund requests related to a poor network or internet connection.
You can deactivate your User Account if desired by contacting info@braintrustgroup.com.
3. User Subscriptions
User Access to some of the Services or certain content on the Services may require purchase of a renewable subscription via a credit card payment. The subscription is automatically renewed until canceled by the User. You authorize BTCG to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you.
Credit Card Authorization Agreement for Monthly Recurring Subscriptions
By completing the subscription process on the Services, the User authorizes BTCG to charge the User provided credit card on a monthly basis for the subscription service provided by the Services. User agrees to pay the subscription fee as specified on the Services and BTCG will charge the Customer's credit card on approximately the same day of each month.
Cancellation. The Customer may cancel the subscription service at any time by contacting info@braintrustgroup.com and requesting to cancel the subscription. The cancellation will take effect at the end of the current billing cycle.
Payments are nonrefundable and there are no refunds or credits for partially used periods. You may cancel a subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
We may change the subscription fee at any time and will provide notice to the User. The User may accept the new fee or cancel the subscription service.
The Company is not responsible for any overdraft fees or other charges that may result from the Customer's credit card being charged.
4. Services Fee-Based Content and Purchases
Users of the Services may purchase Fee-Based Content through a credit card payment.
Payments for Fee-Based Content are accomplished by the registration of a credit card within the User Account or directly at the time of purchase. All purchases and pricing are in United States Dollars.
When you register a credit card in your User Account, you expressly authorize us to charge that credit card for the purchase of any Fee-Based Content.
All purchases of Fee-Based Content on the Services are final and are not refundable. This also applies to events which the User misses by accident or for any other reason. BTCG is specifically not responsible for User satisfaction with Fee-Based Content on the Services. In some cases the Services provides a complimentary recording of a User Fan experience. These "keepsake" recordings are provided as a free gift and are specifically not part of the purchase price. No refunds are provided if the "keepsake" video is incomplete, of poor quality, or can't be provided.
5. Virtual Class Purchases
Users may purchase Virtual Classes through the Services. Virtual Classes are purchased with the credit card information supplied by the User either at the time of purchase, or stored (and pre-authorized) in the User's registered account on the Services.
Virtual Classes are live and must be attended at the posted time in the class schedule. Classes are delivered outside of the Services, using the URL link and delivery instructions that are sent at the time of purchase.
Cancellation Policy for Virtual Classes: In order to receive a refund you must notify us no later than 10 business days prior to the class start date. Cancellation requests received less than 10 days prior to the class start date will be issued a credit that can be applied towards a future class within the next 12 months and are subject to a $150 transfer fee. If you do not rebook a class within the 12 months following the original class start date, your credit will be forfeited.
6. Intellectual Property Rights
With the exception of User Content, the Services and all content offered are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international laws, and international conventions. The Content and the Marks are provided on the Services "AS IS" for your information and personal or internal business use only. Except as expressly provided in this User Agreement, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Services, you are granted a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services. We reserve all rights not expressly granted to you in and to the Services, the Content and the Marks.
7. User Content
Our Services may allow you to upload and transmit User Content, as well as having various forms of live interaction with other Users and User Feedback. Additionally, there may be recordings of Instructor Events which include your audio and video interaction. When you do contribute User Content in any way through our Services, including recordings of your participation in Events, you grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable, perpetual, and irrevocable license in any and all manner and media, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, watermarks, adaptations, or other changes we make so that User Content works better with our Services or otherwise), and to use your User Content for the purposes of operating and providing our Services, to develop and improve our products and Services, and to advertise, market, and promote our Services, products, and related services, and you agree that such User Content may, in BTCG's sole discretion, be used, including performed or displayed, in connection with any other elements, materials, copyrights, rights of publicity, or copyrighted materials. You agree that we may display advertising with direct use of or in connection with your User Content. You further acknowledge and agree that BTCG has no obligation to you in connection with any advertising displayed on or in connection with our Services.
All User Content will not be subject to any expectation of confidentiality by BTCG or any Users. You agree not to include any information of any kind within the User Content that you consider confidential or proprietary, and if you do so, it is at your own risk, and BTCG accepts no liability for such inclusion.
As a provider of User Content, you agree to represent and warrant the following for all User Content:
The User Content is owned by you, or you have sufficient license and rights in the User Content and comments or User Feedback you may post;
You have secured the proper consents, rights, releases or licenses for any third-party used in your User Content;
You have paid and will pay in full any fees, royalties, or other payments that are due or may become due in connection with any use of your User Content and Feedback by us, as described in these Terms;
There are no restrictions of any kind on the User Content that you are providing;
You agree that the User Content will not promote other third-party services that provide services similar to BTCG;
You shall indemnify BTCG, our licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content).
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness
BTCG is specifically not liable to any third-party in relation to any User Content you have posted to the Services.
Other than your User Content, no right title or interest in or to the Services or any of its content is transferred to you, and all rights not expressly granted are reserved to The Braintrust Consulting Group LLC. Any use of the Services not expressly permitted by this User Agreement may violate, trademark, copyright or other laws. You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service content, in whole or in part, except that the foregoing does not apply to your own User Content that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by TBCG from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service content other than as specifically authorized herein is strictly prohibited.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services and the viewing of your User Content. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
8. Acceptable Use
You agree to the following terms when using the Services:
Not to use the Services for any purpose other than its intent, and not to use the Services in ways that would be considered illegal or that would violate the rights of any person or entity.
You agree that any User Content will not violate another party's copyright, trademark or other rights. You further agree that any User Content will not be deemed vulgar, suggestive, indecent or otherwise found offensive by modern standards.
9. Disclaimers and Limits on Liability
THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LAWFULNESS OF ANY SERVICES OFFERING ACCEPTED BY YOU OR ANOTHER USER, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'S CONTENT OR THE CONTENT OF ANY SERVICES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY ANY USER OR THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED SERVICES, OR ANY SERVICES OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY OTHER USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICES THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, WE ARE NOT RESPONSIBLE TO YOU, ANOTHER USER, OR ANY THIRD PARTY FOR (A) USERS PERFORMANCE UNDER ANY AGREEMENT, OR (B) ANY GUILD, UNION, LABOR ORGANIZATION, COLLECTIVE BARGAINING UNIT, OR AGENCY REPORTING, COMPLIANCE, OR FEES.
10. Indemnification
You agree to indemnify, defend, and hold harmless BTCG and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, and licensors (each, a "BTCG Party, " and collectively, "BTCG Parties") from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys' fees and costs) of any kind or nature, arising from, out of, in connection with, or relating to: (a) these Terms; (b) use of our Services; (c) your negligence, misconduct, or fraud; (d) any action or inaction by you or anyone acting on your behalf; (e) any Charity; (g) your status as a parent or legal guardian of a Instructor User; (h) Instructor Content; (i) User Feedback; (j) your eligibility with any other association, group, authority, or organization; or (k) your participation in the Referral Program. BTCG reserves all rights to select counsel and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.
11. Dispute Resolution
To expedite resolution and control the cost of any dispute, controversy, or claim related to this User Agreement (each a "Dispute" and collectively, the "Disputes") brought by either you or us, the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA webServices: www.adr.org". Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the United States, in Florida. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in United States, and within Virginia, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from this User Agreement.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
12. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into this User Agreement. Please be advised the Service is hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to United States, and you agree to have your data transferred to and processed in the United States.
13. Electronic Communications
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
14. California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
15. Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services offerings, please contact us at:
The Braintrust Consulting Group LLC. info@braintrustgroup.com
16. Other Provisions
The relationship between the Parties, including without limitation, all disputes, controversies and claims, whether arising in contract, tort, under statute or otherwise, shall be governed by and construed in accordance with the laws of the state of Florida.
Each provision of this User Agreement will be construed as separable and divisible from every other provision and the enforceability of any one (1) provision will not limit the enforceability, in whole or in part, of any other provision. In the event that a court, arbiter or administrative body of competent jurisdiction holds any provision of this User Agreement to be invalid, illegal, void or less than fully enforceable as to time, scope or otherwise, then such provision will be construed by limiting and reducing it so that such provision is valid, legal, and fully enforceable while preserving to the greatest extent permissible the original intent of the Parties; the remaining terms and conditions of this User Agreement will not be affected by such alteration, and will remain in full force and effect.
BTCG reserves the right to assign all rights and obligations under these Terms. You agree that executing this agreement online using a checkbox, clicked button etc. are acceptable means of execution and are binding as if executed with a signature.