The online training services provided (the “Site”) by Brené Brown Education and Research Group (“BBEARG”), together with its service provider Thought Industries, Inc. (“TI”), are provided subject to compliance with these terms and conditions by Lumen Technologies Service Group LLC (“Lumen”) and its employees (collectively “you”). Lumen agrees to be responsible for any breach of these terms by its employees to the fullest extent permitted by law. Lumen represents that it has authority to make the waivers and representations set forth herein on behalf of its employees.
BBEARG grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site, subject to compliance by such users with these Terms of Use.
BBEARG reserves the right to do any of the following, at any time, without notice: (1) to modify or suspend operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site; (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (4) to delete or remove (without notice) any user content; or (5) change, modify, add or remove portions of these Terms of Use, at any time in order to cure any ambiguity herein or as needed in response to a change of law.
Warranty Disclaimer
THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS”, WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Although BBEARG attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform BBEARG so that it can be corrected. Information contained on the Site may be changed or updated without notice.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content, contained on the Site are owned, controlled or licensed by or to BBEARG with all rights reserved, and such Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All other trademarks, service marks and logos used in the Site are the trademarks, service marks or logos of their respective owners.
BBEARG may have trademarks, service marks or registered trademarks of BBEARG, including, but not limited to, Brené Brown®, Dare to Lead®, Unlocking Us®, Brave Leader. Courage Cultures.®, Daring Leadership®, Daring Organizations®, Daring Teams®, Rising Strong®, The Daring Way®, Atlas of the Heart™, which are proprietary marks of BBEARG or its affiliates. BBEARG’s proprietary marks may not be used in connection with any product or service that is not provided by BBEARG in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BBEARG.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium, for publication or distribution or for any commercial enterprise, without BBEARG’s express prior written consent.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. BBEARG reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any BBEARG server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of BBEARG.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or BBEARG systems or networks, or any systems or networks connected to the Site or to BBEARG.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to BBEARG on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of BBEARG or others.
You may not use the Site for any abusive or illegal purpose. You may not harm others in any way. You may not use the Site to perform any form of bullying, threatening, cyberstalking, intimidation, or any other type of harassment. BBEARG reserves the right to contact appropriate legal authorities in the event that you are suspected to have performed such actions.
You may not post content that contains pornography, violence, or is otherwise offensive, vulgar, explicit, or obscene. BBEARG reserves the right to contact appropriate legal authorities in the event that you are suspected to have violated the terms of this section. You own all of the content and information you post. You grant BBEARG a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that you post on or in connection with the Site solely for purposes of BBEARG providing services to you under this agreement. By posting you represent that you have the right and authority to post such content. You agree that you are solely responsible for any content you upload, including without limitation, its accuracy, adequacy and timeliness. Prior to uploading such content you agree to scan such content for viruses and malicious code to ensure such uploaded content does not include viruses or malicious code, and you agree to confirm that the content does not include or link to any libelous, obscene, pornographic, illegal or inappropriate content. You understand that BBEARG is not reviewing or editing uploaded content. To the fullest extent permitted under law, you agree, on behalf of yourself, and your employer, in all capacities, including individually, to defend, indemnify and hold BBEARG, its officers, directors, employees and agents harmless from any and all losses, claims, detriment, damages, charges, costs and expenses. ANY THIRD PARTY CONTENT MADE AVAILABLE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.
BBEARG may use any unsolicited feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
You may not post in the group message board any post attempting to buy or sell any item or service, including, but not limited to, clinical, therapy, or coaching services. Any such posts will be deleted. You may not post links to other retail sites that sell similar products; any such posts will also be deleted. You may not post on the message board any post regarding or linking to any type of promotions, sales, or other offers from any company that provides similar services or sells similar products as those offered by BBEARG. You may not post comments that provide clinical, therapy, or coaching guidance. Comments should be supportive in nature, not therapeutic.
You may not use the Site in a manner that: (1) infringes on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy; (2) violates any law, statute, ordinance or regulation; (3) is defamatory, trade libelous, threatening, unlawfully harassing, indecent, abusive, obscene, or contains child pornography; (4) you know or reasonably should know contains viruses; (5) you know or reasonably should know will materially damage, disable, overburden or impair the Site or any other party’s use of the Site; or (5) you know or reasonably should know contains links to any sites that do any of the aforementioned prohibited acts. In addition, you are prohibited from using the Site to send spam, either directly or indirectly, or that in any way violates The CAN-SPAM Act of 2003, 15 U.S.C. 7701, as amended.
BBEARG does not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality or applicability of anything posted, displayed, linked, uploaded, recorded, broadcast or otherwise made available by any user.
“Three Strike” Policy
BBEARG may, in its sole discretion, delete or remove (without notice) any user content at any time, for any reason or no reason, and may terminate access of any user to the Site if such user has breached these Terms of Use. In the event BBEARG deems user content to be in violation of the Terms of Use, but elects not to immediately terminate the user’s access to the Site, it may, but is not required to, notify you of such violation. Upon a third violation by a user, BBEARG shall terminate that user’s account and all content may be removed from public view at the sole discretion of BBEARG.
Links to Other Sites and to the Site
The Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to Site visitors. Such Linked Sites are not under BBEARG’s control, and BBEARG is not responsible for and does not endorse the content of such Linked Sites, including but not limited to any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. In addition, a hyperlink to a non-BBEARG website does not mean that BBEARG endorses or accepts any responsibility for the content or the use of the Linked Site. Use of such Linked Sites may be subject to the terms, conditions and policies of third parties. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
BBEARG’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the Site should be construed to alter such agreements.
Sharing of Digital Files Prohibited
Sharing, reselling, or distributing of any digital proprietary information that is the property of BBEARG is strictly prohibited.
You may not use the content for any harmful, pornographic, or racial material or material that may be deemed harmful or offensive to another person.
All copyrights to elements and graphics are retained by BBEARG with all rights reserved. No other use is hereby authorized.
It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner.
Privacy
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. Please review BBEARG’s Privacy Policy, which also governs your use of the Site and related services, to understand BBEARG’s practices. You agree that BBEARG may access, store, process and use any information or personal data that you provide, directly or indirectly, in accordance with its Privacy Policy.
Indemnity
You agree to indemnify, defend and hold BBEARG, TI, their affiliates and their officers, directors, shareholders, predecessors, successors in interest, employees, agents, licensors and service providers (“Indemnitees”) harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against Indemnitees by any third party due to or arising out of or in connection with your use of the Site in violation of these Terms of Use.
Violation of These Terms of Use
BBEARG may disclose any information it has about you (including your identity) if it determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) BBEARG’s rights or property, or the rights or property of visitors to or users of the Site, including BBEARG’s customers. BBEARG reserves the right at all times to disclose any information that BBEARG deems necessary to comply with any applicable law, regulation, legal process or governmental request. BBEARG also may disclose your information when BBEARG determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that BBEARG may preserve any transmittal or communication by you with BBEARG through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if BBEARG determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of BBEARG, its employees, users of or visitors to the Site, and the public.
You agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to BBEARG for which monetary damages would be inadequate, and you consent to BBEARG obtaining any injunctive or equitable relief that BBEARG deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies BBEARG may have at law or in equity.
If legal action arises between BBEARG and you under this agreement, the prevailing party will be entitled to recover all reasonable attorneys’ fees and costs of such action in addition to any other relief granted. You agree that BBEARG will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law
In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
Notification of Claimed Copyright Infringement
BBEARG respects and expects its users to respect the rights of copyright holders. On notice, BBEARG will act appropriately to remove content that infringes the copyright rights of others. If it is believed that any content uploaded infringes upon existing copyrights, owners or any agent may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing BBEARG with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity sufficient to permit BBEARG to locate the material; (d) information reasonably sufficient to permit BBEARG to contact such owner or agent, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that such owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that such owner or agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Pursuant to Section 512(c) of the DMCA, BBEARG designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
Report of Copyright Infringement
Brené Brown Education and Research Group
P.O. Box 272124
Houston, TX 77277
info@braveleadersinc.com
Void Where Prohibited
Although access to the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. BBEARG reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
No Unlawful or Prohibited Purpose
As a condition of your use of the Site, you warrant to BBEARG that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.