Scope of Agreement
By accessing, downloading and/or using Services and software, including any third party software made available in conjunction with these Services and software, you are agreeing to your acceptance, without limitation or qualification and will be bound by the terms of this Agreement. If you do not wish to be bound by this Agreement, do not indicate your agreement, and do not use these Services.
brass Media Inc. Services
brass Media provides the following services but are not limited to:
The “Services” are available to the general public, institutional groups, businesses, and non-profit organizations through registering and or contractual arrangements. The purpose of the Services are to provide users with a secure, accessible platform in which to they can improve their personal knowledge in the area of personal money management.
The Services may enable users to post among other things, but not limited to online discussions, internal communications, grades, events, notes, and lesson plans, syllabi and other similar content or matter. We may offer other features in the future, or change or eliminate current features at any time. All of the features of the Services are subject to these TOU.
Changes to This Agreement
Access to Services and Use of Account
Some content and Services provided by brass Media Inc. is available to the general public. Services available to the general public are subject to these TOU.
To access other controlled Services, users will need to provide user contact information including a username and password. To facilitate communication and for retrieval of a password, we use email addresses.
Your responsibilities as a user of the Services are as follows. You agree you shall:
- Represent only yourself and no other persons, living, dead, or imagined. The Services may only be used by natural persons (i.e., individuals) on their own behalf and not by or on behalf of any entity unless explicitly permitted by brass Media Inc. in writing.
- Provide true, accurate, current and complete information to brass Media Inc., whether it is the information required for registration to use the Services, or for other purposes, and maintain and promptly update such information to keep it accurate, current and complete.
- Provide all equipment necessary to access the Services and pay any service fees associated with such access.
- Maintain the security of your personal information, including, without limitation, account and login information, passwords and financial information.
- Immediately notify brass Media Inc. of any unauthorized use of a user’s account or any other breach of security known to you.
- The user is solely responsible for maintaining the confidentiality of your username and password. Furthermore, you are responsible for all activities, charges, and liabilities associated with your account.
- In the event that you are a minor, brass Media Inc. reserves the right to provide access to your account to your parents, guardian or other authorized adult, upon such adult’s request.
Illegal, Unauthorized, or Fraudulent Content or Activities
You agree you may not and will not:
- Decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the Services or any portion thereof.
- Incorporate the Services into any computer chip or the firmware of a computing device manufactured by or for you; or
- Sell, lease, loan, distribute, transfer, or sublicense the Services or access thereto or derive income from the use or provision of the Services, whether for direct commercial or monetary gain or otherwise, without brass Media Inc.’s prior, express, written permission.
You also agree you may not and will not use the Services to:
- Publish, distribute any defamatory, infringing, obscene, indecent or unlawful material or information;
- Defame, libel, abuse, harass, threaten or violate the legal rights of others;
- Send unsolicited e-mail;
- Engage in any commercial purpose, including, but not limited to, advertising or offering to sell any goods or services;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy) unless you own or control the rights thereto or you have received all necessary consent;
- Delete or modify any author attributions, legal notices or other proprietary designations or labels in any file that is uploaded;
- Falsify the origin or source of software or other material contained in a file that is uploaded;
- Download any file that you know, or reasonably should know, cannot be legally distributed via the Services;
- Reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purpose the software, products or services provided by the Services or obtained from brass Web sites without obtaining the express, prior written consent of brass Media Inc. (this restriction includes any attempt to incorporate any information from the Services into any other directory, product, or service);
- Collect or store personal data about others; or
- Use the Services in an automated manner or in any other manner that could damage, disable or otherwise impair brass Media Inc.’s systems or services;
- and you may not use the Services in any manner that could interfere with any other party’s use and enjoyment of brass Media Inc.’s systems or services.
Content from You
If you have comments on the Services or ideas how to improve them, or want to provide any other content, please do so using the appropriate mechanisms provided through the Services. Please note that by doing so, you grant brass Media Inc. a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, without compensation to you.
You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify brass Media Inc. and its affiliates for all claims arising from content you supply.
brass Media Inc. has the right but not the obligation to monitor and edit or remove any activity or content. brass Media Inc. has no responsibility and assumes no liability for any content submitted by you or any third party. brass Media Inc. reserves the right in its sole discretion to (i) edit or delete any documents, information or other material submitted to or appearing on this site, and (ii) refuse access to the site to any user that violates this agreement. brass Media Inc. is not responsible for the accuracy of any user provided content, messages or materials on its sites and you should always consult a professional advisor or other qualified service provider before relying on any information you find on this site.
You acknowledge that the Services, any underlying technology used in connection with the Services, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the “Content”) available within the Services are provided by brass Media Inc. or third-party providers and are protected by U.S. and international copyright. You may not store any significant portion of any Content owned by, or licensed to brass Media Inc. in any form, whether archival files, computer-readable files, or any other medium.
We encourage you to download and print a reasonable number of copies of Content for noncommercial personal or educational use only. You acknowledge that brass Media Inc. and/or third-party providers remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading, modifying, or printing the Content.
“brass Media Inc.”, the “brass” logo, the money side of life™ and other marks indicated throughout the Services and Web sites are trademarks of brass Media Inc. or its affiliates in the United States and may be so in other countries. Other graphics, logos, button icons, scripts, and service names are trademarks or trade dress of brass Media Inc. or its affiliates. brass Media Inc.’s trademarks and trade dress may not be used in connection with any product or service that is not brass Media Inc.’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits brass Media Inc. All other trademarks not owned by brass Media Inc. or its affiliates that appear in the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by brass Media Inc. or its affiliates.
brass Media Inc. Websites may contain or provide access to links and pointers to Internet sites maintained by third parties. Some links on these Services lead to sites posted by independent site owners. brass Media Inc. does not operate or control in any respect any information, products or services on such third-party sites. Third party links and pointers are included solely for the convenience of users, and do not constitute any endorsement by brass Media Inc. or its affiliates. You assume sole responsibility for use of third party links and pointers and any products, services, content or other materials obtained on or through any such sites.
brass Media Inc. does not control the content posted via the brass Media Inc. properties and Services by others and, as such, does not guarantee the accuracy, integrity or quality of such content or make any representations or warranties about it. You understand that by using the brass Media Inc. Services you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will brass Media Inc. be liable in any way for any such content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, e-mailed or otherwise transmitted via the Services.
Content provided by brass Media Inc. carries relevant copyright notices and attributions. brass Media Inc. will not be held liable for any of this information, nor any harm it might cause, nor for its accuracy or inaccuracy.
You acknowledge that brass Media Inc. does not endorse the contents of any user’s communications and that brass Media Inc. is not responsible for material in a user’s communication that is threatening, libelous, obscene, harassing or offensive or that infringes any third party intellectual property rights, or that facilitates any crime.
You may discontinue your participation in and access to the Services at any time. The TOU will continue to apply to all past use of the Services by you, even if you are no longer using them. You acknowledge and agree that brass Media Inc. may terminate or block your use of all or part of the Services, without prior notice for any reason, including, without limitation, if brass Media Inc. believes you have engaged in conduct prohibited by this TOU. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Services and may bar your access to and use of the Services.
Disclaimer of Warranties by brass Media Inc.
brass Media Inc. and any third party who makes its content or services available in conjunction with or through the brass Media Inc. Services disclaim any responsibility for any harm resulting from your use of the brass Media Inc. Services and/or any third party services or software accessed in conjunction with or through the brass Media Inc. Services.
The brass Media Inc. services and any third party software made available in conjunction with or through the brass Media Inc. services are provided “as is” and “as available,” with no warranties whatsoever. brass Media Inc. and such third parties expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. brass Media Inc. and any third party who makes its software available in conjunction with or through the brass Media Inc. services disclaim any warranties regarding the security, reliability, timeliness, and performance of brass Media Inc. services and such third party software.
You understand and agree that you use the brass Media Inc. services and all third party software made available in conjunction with or through the brass media Inc. services at your own discretion and risk that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of brass Media Inc. services and such third party software. Some states or other jurisdictions do now allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
Limitation of Liability
Under no circumstances shall brass Media Inc. or any third party who makes its software available in conjunction with or through the brass Media Inc. services be liable to any user on account of that user’s misuse or misuse of brass Media Inc. services or such third party software. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if brass Media Inc. and/or a third party software provider have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the brass Media Inc. services and all third party software made available in conjunction with or through the brass Media Inc. services, from inability to use the brass Media Inc. services and all third party software made available in conjunction with or through the brass Media Inc. services, or from the interruption, suspension, or termination of brass Media Inc. services and all third party software made available in conjunction with or through the brass Media Inc. services (including such damages incurred by third parties). Such limitations shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
No advice or information, whether oral or written, obtained by you from brass Media Inc. or any of its employees, agents or affiliates or through the brass Media Inc. shall create any warranty not expressly made herein.
brass Media Inc. assumes no responsibility for the deletion or failure to store any user information.
You agree to defend, indemnify, and hold harmless brass Media Inc. and brass Media Inc. Licensors from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorneys’ fees, relating to or arising out of any breach of this Agreement or any use of the brass Media Inc. Services by you, or by any other person using the brass Media Inc. Services through you or using your computer, your (or such other person’s) violation of any terms or conditions of this Agreement, your (or such other person’s) violation of applicable laws, or your (or such other person’s) violation of any rights of another person or entity.
Applicable Law; Jurisdiction and Venue
brass Media Inc. controls and operates the Service from its headquarters in the United States and makes no representation that the Content is appropriate or available for use in other locations. If you use the Service from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon and the Federal Arbitration Act, without giving effect to any principles of conflicts of laws, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in Benton County, Oregon.
You and brass Media Inc. agree any and all disputes and claims relating in any way to this Agreement (including the arbitrability of any claim or dispute and the enforceability of this paragraph), with the exception set forth in the next paragraph, shall be submitted to and resolved by means of confidential arbitration conducted in the State of Oregon, Benton County. If you and brass Media Inc. cannot agree on arbitrators, they shall be appointed by the Presiding Judge of the Benton County Superior Court. The arbitration shall be conducted under the then prevailing Commercial Arbitration Rules of the American Arbitration Association (“AAA”). You and brass Media Inc. may litigate in court only to compel arbitration under this Agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator. The arbitration award shall be binding and may be entered as a judgment in any court of competent jurisdiction. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby excluded. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other current or former user of brass Media Inc. Services, whether through class arbitration proceedings or otherwise.
However, to the extent you have in any manner violated or threatened to violate brass Media Inc.’s intellectual property rights, brass Media Inc. may seek injunctive or other appropriate relief in any state or federal court in the State of Oregon, and you consent to exclusive jurisdiction and venue in such courts.
brass Media Inc.’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of brass Media Inc.’s right to subsequently enforce such right or provision or any other rights or provisions of this Agreement. No waiver of this Agreement shall be effective unless in writing. If any provision of this Agreement 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 this Agreement remain in full force and effect.
brass Media Inc. can send you notice by sending you an email, or by posting on its Web site. If you wish to give a notice to brass Media Inc., you may do so by either email or regular mail, and your notice will be effective only when received.
The following sections will survive any termination of this Agreement: Enforcement, Sight Links and Content, Disclaimer of Warranties by brass Media Inc, Limitation of Liability, Indemnification, Ownership and Relation of Parties, Fees and Payments, Content From You, Applicable Law; Jurisdiction and Venue, Arbitration, Waiver; Severability, Complete Agreement, and Surviving Provisions.