Terms of Service
Last updated April 1, 2011
By using Brash Insight Corporation’s website (The Website) and technology available from Brash Insight Corporation (The Services), you agree to be bound by these Terms of Service. You also agree to be bound by any changes we may make to these Terms of Service, (which may occur at any time) so please read this page frequently. Your continued use of The Services after a change is made will indicate your acceptance of those changes. If at any time, you do not wish to be bound by these Terms of Service, you must stop using The Services and accessing The Website.
Code of Conduct
You will comply with these Terms of Service at all times. You will not use The Services in a way that is against the law or which harms The Services, Brash Insight Corporation or anybody else.
Access to Brash Insight Technologies
We offer access to The Services so people can create and use Feedback Ads and review the responses. All other uses are prohibited and you agree not to use The Services for data collection, content aggregation, mining or extraction and you further agree that if you do these prohibited things, we will block your access to The Services. We do, however, authorize Internet search engines we can easily recognize to index the publicly accessible content of Brash Insight.
Obligation to Pay
Your access to and usage of The Website and The Services is contingent upon prompt payment of any usage or license fees or other charges assessed to you by Brash Insight Corporation. If you fail to pay, we may, at our sole discretion and without warning, block or otherwise discontinue your access and use of The Website and The Services.
No Warranty
To the fullest extent permissible pursuant to applicable law, this Website and The Services are provided on an “as is” and “as available” basis. Brash Insight Corporation expressly disclaims all warranties of any kind, whether express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Due to the complex nature of software and the internet, Brash Insight Corporation does not warrant that this Website or The Services: (i) are completely error free; (ii) will operate without interruption; (iii) are current, accurate or complete; (iv) are compatible with all equipment and software configurations; (v) are free of viruses, worms or other harmful components; and (vi) will otherwise meet your needs.
Limitation of Our Liability and Your Remedies
In no event shall Brash Insight Corporation or anyone affiliated with it be liable for any indirect, incidental, special, consequential or punitive damages (including, without limitation, lost profits or income) arising out of or related to: (i) your use of, or inability to use, this web site or The Services; (ii) your reliance on any materials contained on this Website; or (iii) any goods or services advertised on, or linked to, this Website, even if Brash Insight Corporation is aware of the possibility of such damages, acted negligently or if the exclusive remedies stated herein fail of their essential purpose. Brash Insight Corporation’s sole liability to you for any and all claims against brash insight corporation with respect to the web site or The Services is limited to the amount you paid for The Services during the 7 day period prior to the event giving rise to the claim even if that does not fully compensate you for your loss.
Indemnity
You agree to indemnify and hold Brash Insight Corporation and everybody affiliated with The Services harmless from any loss, cost, liability, claim, damage or demand, including legal fees and costs, arising out of or related to any breach by you of any of the Terms of Service or otherwise relating or arising from your access or use of this Website or The Services. You shall cooperate, at your expense, as reasonably requested by Brash Insight Corporation in the defense of all claims.
Sole Responsibility for User Content
You and you alone are responsible for the information and content you put on Brash Insight Corporation’s servers. You must insure that no copyright, trademark or other intellectual rights are being infringed or misappropriated when you put information and content onto Brash Insight Corporation’s servers. Brash Insight Corporation has no responsibility to monitor or pre-screen any information or content you put on its servers.
Proprietary Rights
Brash Insight Corporation owns and retains all intellectual property and rights to this Website and The Services including, but not limited to all copyrights, trademarks, patents, trade secrets and other intellectual property. You will not distribute, transmit, transfer, offer, copy, publish, display, modify, or sell, assign, rent or sublicense any portion of The Services, its code, or the underlying proprietary information or intellectual property. You will not reverse engineer, decompile, reverse assemble, or otherwise attempt to discover any source code or proprietary information, or obtain unauthorized access to The Services. This does not apply to user content.
Assignment
Brash Insight Corporation may assign its rights and obligations, in whole or in part, under these Terms of Service at any time.
Monitoring and Disclosure
We may monitor your use of The Services and may disclose content and information about you if we think it is necessary to 1) conform to legal requirements which bind us, 2) make sure you comply with the these Terms of Service or to 3) protect the rights, safety and property of others.
No Refunds
All payments you make through this Website or with respect to The Services are non-refundable.
Code Placement and Reuse of Information
As part of running a Feedback Ad, we will write an identifying code to the hard drive of any computer that engages with the ad (“Identifying Code”). We will collect and keep responses provided by the person using that computer and associate those responses with that Identifying Code. We will own all right, title and interest in and to all user’s responses and any analysis we perform with respect to those answers. We may, in the future, resell information related to the Identifying Code, but will not associate that Identifying Code with any PII (as defined in the Privacy Policy).
No Obligation for Data Safekeeping
Brash Insight Corporation knows your Feedback Ads and responses are important and we will use reasonable efforts to keep them safe from loss and unauthorized access. In the unlikely event that something bad happens to your Feedback Ads and any collected responses, we are not responsible.
Termination
You can stop using The Services any time. We may cancel, suspend or block your access to The Services at any time, without warning. If we do that, you will no longer be able to access or retrieve any information you have stored on Brash Insight Corporation’s servers including but not limited to your Feedback Ads and any collected responses.
Other Businesses and Links
This Website and Feedback Ads may contain links to websites not under the control of Brash Insight Corporation. Brash Insight Corporation does not assume any responsibility or liability for the actions, products, or content of these websites. If you decide to access any of those websites, you do so entirely at your own risk.
Compliance with Law
We control and operate this website from our offices within the state of Washington, USA. Brash Insight Corporation makes no representation that The Services are appropriate or available for use in other locations. You are solely responsible for compliance with all applicable laws and regulations that may govern your access and use of this Website.
Privacy Policy
Any collection or use of PII collected from you via this Website is governed by our Privacy Policy, which forms a part of these Terms of Service.
Waiver
No failure or delay on the part of Brash Insight Corporation to exercise any right, power or remedy under these Terms of Service shall operate as a waiver; nor shall any single or partial exercise by Brash Insight Corporation of any right, power or remedy under these Terms of Service preclude any other or further exercise of any right, power or remedy.
Entire Agreement and Amendment
These Terms of Service, including the Privacy Policy, constitute the entire agreement between Brash Insight Corporation and you with respect to the use of this Website and The Services. Any and all portions of the Terms of Service may be modified, amended, changed, added, or removed at any time and from time to time at the sole discretion of Brash Insight Corporation.
Severability
If for any reason any provision of these Terms of Service is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
Governing Law, Venue and Dispute Resolution
These Terms of Service shall be interpreted, construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the State of Washington, USA, excluding its choice of law rules and the United Nations Convention on Contracts for the International Sale of Goods. All claims or actions arising out of or related to these Terms of Service and your use of this Website and The Services shall be settled by final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Such arbitration shall be held in King County, Washington before one arbitrator selected by mutual agreement of the parties or, absent such agreement, in accordance with the AAA rules. The arbitrator may not award any punitive damages. Any award of the arbitrator may be enforced in any court of competent jurisdiction. Notwithstanding the dispute resolution requirements set forth above, for any injunctive relief relating to your access to, or use of, this Website or The Services you irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in King County, Washington, United States of America.