IN THESE TERMS AND CONDITIONS, “company” REFERS TO Brinqa, (“Brinqa, LLC.”), and “YOU” and “YOUR” refers to YOU the User. Before using the Brinqa services, please carefully read this agreement relating to your use of this service.
ACCEPTANCE OF TERMSBy using the Brinqa websites or services, you agree to be bound by these terms and conditions of use (“Terms”). If you do not agree to these Terms, please do not use the Brinqa services. Brinqa provides the information and services on the company websites to you, the user, conditioned upon your acceptance, without modification, of the Terms contained herein. Your use of the company Services constitutes your agreement with such Terms. We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified Terms. Your continued use of the Brinqa services following the posting of changes to these Terms will mean that you accept those changes. In addition, each user’s use of a particular Brinqa service (“Service”) may be subject to specific guidelines or rules (“Service-specific”) posted from time to time and incorporated by this reference into the Terms. Use of the Brinqa services constitutes full acceptance of and agreement to the Terms. If a user does not accept our Terms, he or she is not granted rights to use the Brinqa services, as defined herein, and should refrain from accessing the Brinqa services. Brinqa reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Brinqa services thereon (or any part thereof). Brinqa shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
NO UNLAWFUL ACTIVITY OR PROHIBITED USE By using the Brinqa services, you warrant to Brinqa that you will not use the Brinqa services, or any of the content obtained from the Brinqa services, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Brinqa services automatically terminates.
DESCRIPTION OF SERVICE AND LICENSE GRANTSThe Brinqa services are owned and operated by Brinqa for the purpose of offering software services (the “Purpose”). The Brinqa services also promote and distribute software related to (and including) the Brinqa Risk Analytics platform. Your rights to use any software made available from the Brinqa services will be subject to the terms and conditions of the software license agreement identified on the site and/or in the software as applicable to each particular software package, and you agree to comply with those terms and conditions. Your rights to access and use of all information, data, text, graphics, or other materials appearing on the company site are subject to the terms and conditions.
REGISTRATION OBLIGATIONS If required by Brinqa, each user must: (a) provide true, accurate, current and complete information on the Service’s registration form (collectively, the “Registration Data”) and (b) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any user’s information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user’s account and prohibit any and all current or future use of the Services (or any portion thereof) by that user other than as expressly provided herein. Each user will receive a password and account designation upon completing the Brinqa.com registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. Brinqa cannot and will not be liable for any loss or damage arising from a user’s failure to comply with this Section, including any loss or damage arising from any user’s failure to (a) immediately notify Brinqa of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session. The Brinqa websites handle user Registration Data in accordance with the Brinqa Websites Privacy Statement.
CONTENT Brinqa will not pre-screen or review Content, but Brinqa reserves the right to refuse or delete any Content of which it becomes aware that it reasonably deems not to fulfill the Purpose. In addition, Brinqa shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal.
TERMINATION We may terminate a Brinqa user’s account in our absolute discretion and for any reason. We are especially likely to terminate for reasons that include, but are not limited to, the following: 1) violation of these Terms; 2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; 3) use of the Brinqa services in a manner inconsistent with the Purpose; 4) a user’s request for such termination; and 5) requirement of applicable law, regulation, court or governing agency order. Our termination of any user’s access to the Brinqa services hereunder may be effected without notice and, on such termination, we may immediately deactivate or delete user’s account and/or bar any further access to such files. Brinqa shall not be liable to any Brinqa services user or other third party for any termination of that user’s Brinqa services access or account hereunder.
LINKS Brinqa, any Service or a third party may provide links to other websites. Brinqa exercises no control whatsoever over such other non-Brinqa websites and web-based resources and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. Brinqa shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of services linked to Brinqa, including information, material, products and services therein, is solely at your own risk. The Brinqa privacy statement is applicable only when you are on the Brinqa services. Once you choose to link to another website or service, you should read that website’s privacy statement before disclosing any personal information.
INDEMNITY Each user shall indemnify, defend and hold harmless Brinqa, subsidiaries and affiliates and their respective officers, employees and agents, and each of Brinqa’s website partners from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use of the Brinqa websites or services; his or her submission, posting or transmission of Content or his or her violation of the Terms.
WARRANTIES AND LIABILITY LIMITATIONS. EXCEPT AS SET FORTH ABOVE, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW: (A) NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY BRINQA; AND (B) EXCEPT FOR CLAIMS BASED ON EITHER PARTY’S VIOLATION OF THE OTHER PARTY’S CONFIDENTIALITY OBLIGATIONS OR LICENSEE’S VIOLATION OF BRINQA’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY OTHER PARTY FOR ANY CLAIM FOR LOSS, INCLUDING TIME, MONEY, GOODWILL, AND CONSEQUENTIAL DAMAGES, WHICH MAY ARISE FROM THE USE, OPERATION OR MODIFICATION OF THE PRODUCT. IN THE EVENT THAT THE ABOVE LIABILITY LIMITATION IS FOUND TO BE INVALID UNDER APPLICABLE LAW, THEN BRINQA’S LIABILITY, AND THE LIABILITY OF SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $1000. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
RELEASE In the event that you have a dispute with one or more Brinqa services users, you release Brinqa (and our officers, directors, agents, subsidiaries, parent corporation, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
FRAUD Without limiting any other remedies, Brinqa may suspend or terminate your Brinqa services account if we suspect that you have engaged in fraudulent activity in connection with the Brinqa websites or any Brinqa service.
LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Brinqa websites and all of its services.
NO AGENCY You and Brinqa are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
TRADEMARK INFORMATION The Brinqa logo and other Brinqa trademarks, service marks, and product and service names are the intellectual property of Brinqa. All trademarks, trade names, service marks and logos referenced herein are the property of their respective owners.
GENERAL INFORMATION The Terms constitute the entire agreement between each user and Brinqa and govern each user’s use of the Brinqa services, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and Brinqa shall be governed by the laws of the State of Texas without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Travis, Texas. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
VIOLATIONS OF TERMS Please report any violations of the Terms to the Brinqa Support Manager at info@Brinqa.com.