Brisk CloudWare Legal Terms
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Software Service License Terms
This EULA limits our liability and is governed by an arbitration agreement and venue agreement. Please review the following terms as they describe your rights in relation to Brisk Cloudware services. All services that are hosted by Brisk Cloudware are licensed under terms which include the following:
- The copyrights in this service and any visual or audio work distributed with this service belong to Brisk Cloudware and others listed in the about box. All rights are reserved. Use of this service is licensed only in accordance with these terms.
- By using this service you, on your own behalf and on behalf of your employer or principal, agree to be bound by these terms. If you do not agree to any of these terms, you may not use, copy, transmit, nor distribute this service.
- This service, and all accompanying files, data and materials, are hosted "as is" and with no warranties of any kind, whether express or implied except as required by law. If you intend to rely on this service for critical purposes you must test it fully prior to using it, install redundant systems and assume any risk.
- We will not be liable for any loss arising out of the use of this service including, but not limited to, any special, incidental or consequential loss. This is a free service and as such, no refunds or monetary compensation will be given.
- You may not use this service in any circumstances where there is any risk that failure of this service might result in a physical injury or loss of life. You may not use this software if you do not have antivirus and firewall software installed on your computer. You agree to indemnify us from any claims relating to such unauthorized use.
- Use of statistics collected by this service is subject to the Brisk Cloudware Privacy Statement which allows automatic anonymized collection of usage statistics in limited circumstances.
- The contract arising out of this agreement is governed by the laws and courts of the State of Colorado.
- U.S. Consumers Only: Arbitration Agreement and Class Action Waiver: PLEASE READ THIS CAREFULLY. IT MAY AFFECT YOUR RIGHTS.
If you reside in the United States, Brisk Cloudware and you agree to arbitrate all disputes and claimes between us. This agreement to arbitrate is intended to be broadly interpreted. References to "Brisk Cloudware", "you", and "us" include our respective subsidaries, affiliates, agents, employees, predecessors in interest, successors, and assigns. This arbitration agreement does not preclude you from bringing issues to the attention of U.S. federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Brisk Cloudware should be addressed to:
6352 S Poplar Ct.
Centennial, CO 80111
("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Brisk Cloudware and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Brisk Cloudware may commence arbitration proceedings. The amount of any settlement offer made by Brisk Cloudware or you shall not be disclosed to the arbitrator.
A. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of the arbitration provision. Unless Brisk Cloudware and you agree otherwise, any arbitration hearings will take place in Centennial, Colorado. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision. Brisk Cloudware will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Brisk Cloudware for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
B. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND BRISK CLOUDWARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Brisk Cloudware agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
C. Notwithstanding any provision in this Agreement to the contrary, we agree that if Brisk Cloudware makes any future change to this arbitration provision (other than a change to the Notice Address) you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
D. To opt out of this Arbitration Agreement and class action waiver send an Opt Out notice to the Notice Address stating "I am electing to opt out of the Arbitration Agreement and class action waiver contained in the Legal Terms applicable to my usage of an Brisk Cloudware service." Your Opt Out Notice must include the date and proof of registration. The Opt Out Notice must be postmarked no later than thirty (30) days after the date of registration. A separate Opt Out Notice must be sent for each service registered.
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Brisk CloudWare takes your privacy seriously. You can view our privacy statement here.
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Responsible Legal Entity
This site is operated by Brisk CloudWare Inc and all references to "Brisk CloudWare" refer to Brisk CloudWare Inc. All programs are developed and published by Brisk CloudWare Inc.
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Service and Notices
Any legal service must be mailed by registered mail to:
Brisk CloudWare, Inc.
6352 S Poplar Ct.
Centennial CO, 80111
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