Effective Date: February 6, 2018
Welcome to Bravely! Bravely is a platform that connects employees with expert conflict coaches and HR professionals for off-the-record conversations and coaching about all kinds of workplace issues. Please continue reading below to learn about the rules and restrictions (these “Terms”) that govern your access to and use of our website, www.workbravely.com (the "Site") and all other products, services and applications made available by us from time to time (collectively, the “Services”).
Acceptance of the Terms
Changes to the Terms
We work hard to improve the Services for you, so our Terms may change from time to time. We’ll make sure to change the “Effective Date” at the top of this page so you can tell if these Terms have changed since your last visit. We’ll also update you when we make significant changes, either through a pop-up notice on the Services, via e-mail or through other reasonable means. If you continue to use the Services after we make any changes to these Terms, you agree to be bound by these Terms as modified. If you don’t agree with any changes that we make to these Terms, you unfortunately will no longer be able to use the Services.
You must be at least 18 years of age in order to use the Services. If you’re under 18, you may not use the Services.
The Services are only available for persons in those jurisdictions in which they may be legally sold. Nothing in the Services shall be considered a solicitation to buy or an offer to sell anything to any person in any jurisdiction in which such offer, solicitation, purchase or sale would be unlawful.
Consent to Receive Periodic Messages and Communications
To stop receiving phone calls or text messages, please email us at firstname.lastname@example.org. To stop receiving marketing emails, you can opt-out by clicking the unsubscribe link in those emails.
Please note that you may incur usage charges or other fees or costs in accordance with your wireless or data service plan when using the Internet to access the Services and in connection with any e-mails, texts or calls that you may receive from us as part of the Services. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.
All materials displayed or made available by us on the Services, including, but not limited to text, graphics, data, articles, photographs, images, illustrations (collectively, the “Bravely Content”) are owned by us and protected by intellectual property laws. You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Bravely Content accessed through the Services, and will not use, copy, modify, publish, distribute, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Bravely Content except as expressly permitted below.
We grant you a non-exclusive, limited, non-transferable, revocable license to use the Services and the Bravely Content for your own personal, non-commercial (meaning, you may not leverage the Services as a separate business) use and only in accordance with these Terms and all laws that apply to you.
User Communications and Submissions
If you share any information publicly (e.g., if you post a comment on our blog or message us on Instagram, Twitter or Facebook), this information will still be owned by you, but it may be viewed or accessed by anyone who visits our Site and it will not be considered confidential. You grant us a universal, perpetual, sublicensable, commercial, and non-commercial, irrevocable license to use this information and content in any way.
Please be sure to only share information and content that belong to you (whether privately or publicly). You are solely responsible for all information and content that you upload, post, email, transmit, or otherwise provide in connection with the Services, and you warrant that you have all rights necessary to provide such information and content to us and to grant us the rights to use such information as described above.
Please be aware that reporting an issue to us does not constitute reporting an issue to your employer. If you decide to pursue legal action against your employer, you may do so at your discretion, but you cannot use communications from us in your legal proceedings, unless required by valid court order, any other legal order, or a criminal or civil subpoena.
If you want us to help you escalate an issue or mediate with your employer directly, we may do so but only with your express prior written consent and in the manner and method agreed upon between you and us.
Your Restrictions and Responsibilities
You may only use the Services as explicitly authorized, in compliance with all applicable laws, rules and regulations in the United States or in any other jurisdiction in which you use the Services, and in accordance with any policies that we may provide to you or post on the Site. You will also be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
You agree that you will not contribute any content or otherwise use (or encourage anyone else to use) the Services in a manner that: (1) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any other third party; (2) violates any law, statute, ordinance or regulation in the United States or in any other jurisdiction in which you use the Services; (3) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene or libelous; (4) violates the security of any computer network, or cracks any passwords or security encryption codes; (5) runs “spam” on the Services or otherwise interferes with the Services (including by placing an unreasonable load on the Services’ infrastructure); (6) scrapes any portion of the Services of the Bravely Content; or (7) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
We take safety very seriously. We reserve the right, but will have no obligation, to investigate your use of the Services in order to determine whether a violation of these Terms has occurred. We reserve the right to remove any inappropriate content or terminate the Services if you don’t follow these Terms or for any other reason determined by us in our reasonable discretion.
Copyright Dispute Policy
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act.
If you believe that your copyright has been infringed, please send us a message which contains: (1) your name; (2) the name of the party whose copyright has been infringed, if different from your name; (3) the name and description of the work that is being infringed; (4) the location on our website of the infringing copy; (5) a statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; and (6) a statement that you affirm that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent at email@example.com. An electronic signature in your email notification is acceptable.
Although no similar provisions exist under U.S. law for trademark infringement, we recommend that you submit similar information to us about any alleged trademark infringement so that we can take appropriate action.
Third Party Service Providers
Warranty and Disclaimer; Limitations of Liability
We’re here to help if there are issues, but we do not make any representations, warranties or guarantees with respect to the completeness, reliability, accuracy, quality or availability of the Services or any information or guidance provided in connection with the Services. We expressly disclaim all warranties, express or implied, including but not limited to, warranties of merchantability, non-infringement and fitness for a particular purpose.
You acknowledge that any advice, information, suggestions, recommendations or guidance provided by us or by our Pros is not prescriptive or binding and that you are solely responsible for your interpretations of any such advice or information, for the results of any actions or omissions that you may choose to take as a result of using the Services, and for any loss, damage or other liability that may arise in connection with your use of the Services.
You also acknowledge that we are not a law firm and do not practice law. No part of the Services should be construed as legal advice. We do not have an attorney-client relationship with you and our communications are not protected by attorney-client privilege. If you want help understanding how the law applies to your particular circumstances, you should consult with a qualified attorney.
Indemnity; Limitation of Liability
Please keep in mind that you are solely responsible for your use of the Services. You agree to indemnify and hold us, our parents, subsidiaries, affiliates, shareholders, officers, directors, employees, contractors, consultants, agents and third party partners harmless (including, without limitation, from all damages (actual and consequential), losses, liabilities, settlements, costs and attorney fees) from any claim or demand made by any third party due to or arising out of your use of the Services, including any acts or omissions you may take in reliance on the Services or your violation of these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR DAMAGES ARISING FROM OUR WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD (A) IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, PROS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR SERVICE PROVIDERS BE LIABLE TO YOU WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THESE TERMS FOR ANY LOST PROFITS, INCOME OR REVENUE, LOST BUSINESS, LOSS OF EMPLOYMENT, LOSS OF GOODWILL OR FOR ANY CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND, WHETHER ARISING IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR AGGREGATE LIABILITY FOR ANY DAMAGES CLAIM RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED $1,000.
THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Modifications and Termination of the Services
We reserve the right to change, suspend, discontinue, cancel or terminate any part of the Services at any time in our sole discretion. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
In the event the Services are terminated, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.
Please note that we are not responsible for storing any information or content that you provide to us or a Pro or for any content or information that we or a Pro provide to you. You are solely responsible for retaining backup files of any information and content that you provide or receive in connection with the Services.
Choice of Law; Arbitration
No matter where you’re located, the laws of the State of New York will govern these Terms and the relationship between you and us, without regard to New York state’s conflicts of laws rules. You agree to submit to the federal or state courts in New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.
At our sole discretion, we may require you to submit any disputes arising from the use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law, and seated in New York
You agree that the prevailing party in any dispute will be entitled to claim from the unsuccessful party the entire amount of the prevailing party's reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.
You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
Entire Agreement; Amendments
You and we agree that these Terms are the complete and exclusive terms regarding the Services and supersede all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications must be in a writing signed by both parties.
Comments, Concerns and Complaints
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: firstname.lastname@example.org.