By using the brahmin-solutions.com web site (“Service”), all services of Brahmin Solutions LLC. (“Brahmin Solutions”), you are agreeing to be bound by the following terms and conditions (“Agreement”).
2 Changes to the Agreements
Brahmin Solutions reserves the right to update and change the Agreement from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms and Conditions at any time at: https://www.brahmin-solutions.com/terms
3 Free Service
If you receive a free or unsubscribed access subscription to the Service (“Free Service”), then you may use the Service in accordance with the terms and conditions of this Agreement for the period designated in the Order Form or otherwise by Brahmin Solutions. Brahmin Solutions may terminate or immediately suspend your Free Service at any time for any reason without liability to. You acknowledge your Free Service may not be complete or fully functional and may contain bugs, errors, omissions and other problems. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, BRAHMIN SOLUTIONS WILL HAVE NO WARRANTY, INDEMNITY, CONFIDENTIALITY OR SUPPORT OBLIGATIONS WITH RESPECT TO FREE SERVICES.
4 Payments, Onboarding, Upgrading and Downgrading
If you subscribe to the Service, you will pay Brahmin Solutions the then applicable fees described in the Order Form for the Service, in accordance with the terms therein (the “Fees”). If your use of the Service exceeds the usage limit set forth on the Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), you shall be billed for such usage and agree to pay the additional fees in the manner provided herein. Brahmin Solutions reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the initial service Term or then current renewal term, upon thirty (30) days prior notice to you (which may be sent by email). If you believe that Brahmin Solutions has billed you incorrectly, you must contact Brahmin Solutions no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Brahmin Solutions’s customer support department.
Brahmin Solutions may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Brahmin Solutions thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. Customer shall be responsible for all taxes associated with Services other than U.S. taxes based on Brahmin Solutions’s net income.
Upon payment of any applicable fees set forth in each Order Form, Brahmin Solutions agrees to use reasonable commercial efforts to provide standard implementation assistance for the Service only if and to the extent such assistance is set forth on such Order Form. If Brahmin Solutions provides Onboarding help in excess of any agreed-upon hours estimate, or if Brahmin Solutions otherwise provides additional services beyond those agreed in an Order Form, Client will pay Brahmin Solutions at its then-current hourly rates for consultation.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Brahmin Solutions does not accept any liability for such loss.
5 Modifications to the Service and Prices
Brahmin Solutions reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Brahmin Solutions Website or the Service itself. Brahmin Solutions shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
6 Third Party Applications
The Brahmin Solutions Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Brahmin Solutions does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
7 User Guidelines
Brahmin Solutions respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Brahmin Solutions stays serviceable to everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
- reverse engineering, decompiling, disassembling, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the service (except to the extent applicable laws specifically prohibit such restriction);
- modifying, adapting or hacking the Service or modifying another website so as to falsely imply that it is associated with the Service, Brahmin Solutions, or any other Brahmin Solutions service;
- reproducing, duplicating, copying, selling, reselling or exploiting any portion of the Service, use of the Service, or access to the Service without the express written permission by Brahmin Solutions;
- providing your password to any other person or using any other person’s username and password;
- “crawling” the Brahmin Solutions Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Brahmin Solutions; or
- selling a user account or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or the content included on an account.
Please respect Brahmin Solutions, the owners of the Content, and other users of the Brahmin Solutions Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Brahmin Solutions or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- uses automated means to artificially promote content;
- involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the Brahmin Solutions inbox;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Brahmin Solutions;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Brahmin Solutions;
- interferes with or in any way disrupts the Brahmin Solutions Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Brahmin Solutions’s computer systems, network, usage rules, or any of Brahmin Solutions’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreements, as determined by Brahmin Solutions.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Brahmin Solutions account. You also agree that Brahmin Solutions may also reclaim your username for any reason.
Please be thoughtful about how you use the Brahmin Solutions Service. Brahmin Solutions has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
8 Term and Termination
The Agreements will continue to apply to you until terminated by either you or Brahmin Solutions. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Brahmin Solutions may terminate the Agreements or suspend your access to the Brahmin Solutions Service at any time, including in the event of your actual or suspected unauthorised use of the Brahmin Solutions Service and/or Content, or non-compliance with the Agreements. If you or Brahmin Solutions terminate the Agreements, or if Brahmin Solutions suspends your access to the Brahmin Solutions Service, you agree that Brahmin Solutions shall have no liability or responsibility to you and Brahmin Solutions will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Brahmin Solutions account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
9 Warranty and Disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE BRAHMIN SOLUTIONS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE BRAHMIN SOLUTIONS SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRAHMIN SOLUTIONS AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER BRAHMIN SOLUTIONS NOR ANY OWNER OF CONTENT WARRANTS THAT THE BRAHMIN SOLUTIONS SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, BRAHMIN SOLUTIONS MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE BRAHMIN SOLUTIONS SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT BRAHMIN SOLUTIONS IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE BRAHMIN SOLUTIONS SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM BRAHMIN SOLUTIONS SHALL CREATE ANY WARRANTY ON BEHALF OF BRAHMIN SOLUTIONS IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE BRAHMIN SOLUTIONS SERVICE IS TO STOP USING THE BRAHMIN SOLUTIONS SERVICE. WHILE BRAHMIN SOLUTIONS ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO BRAHMIN SOLUTIONS, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BRAHMIN SOLUTIONS, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE BRAHMIN SOLUTIONS SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER BRAHMIN SOLUTIONS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE BRAHMIN SOLUTIONS SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO BRAHMIN SOLUTIONS DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
11 Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Brahmin Solutions, the Agreements constitute all the terms and conditions agreed upon between you and Brahmin Solutions and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
12 Severability and Waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Brahmin Solutions or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Brahmin Solutions’s or the applicable third party beneficiary’s right to do so.
Brahmin Solutions may assign the Agreements or any part of them, and Brahmin Solutions may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Brahmin Solutions harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Brahmin Solutions Service; and (4) your violation of any law or the rights of a third party.
15 Governing Law, Jurisdiction and Legal Notice
These Terms and Conditions will be governed and construed under the laws of the State of Connecticut, U.S.A., without regard to its choice of law provisions. You agree that any action at law or in equity arising out of or relating to this website or the Brahmin Solutions Content, including these Terms and Conditions, will be filed only in the state or federal courts located in Connecticut. You consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
16 Contact Us
If you have any questions concerning the Brahmin Solutions Service or the Agreements, please contact Brahmin Solutions customer service by visiting the About Us section of our website or firstname.lastname@example.org.
This Agreement was last modified on March 7, 2016.