Updated January 29, 2016
We may revise these Terms at any time by posting the revised Terms on the Services, and you agree that your use of the Services after such changes will constitute your acceptance of such changes.
We reserve the right to alter these Terms at any time. If the alterations constitute a material change to the Terms, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on brazenconnect.com. Please note that at all times you are responsible for updating your Personal Information to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
We reserve the right to refuse access to the Services to anyone for any reason at any time.
We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates anyone’s intellectual property or these Terms.
- You are solely responsible for your conduct and the Content that you submit, post, or share on the Services.
- You must not transmit any code of a destructive nature, such as viruses, trojan horses or worms.
- You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must be 13 years or older to use the Services.
- You agree that Brazen can use the information you provided as part of your account creation to notify you of upcoming events for which you have registered and changes made to your account.
Violation of any of these conditions may result in the termination of your account.
Additional Restrictions on Use of the Services
You agree not to use the Services to: (a) transmit or communicate any data or perform any activity, that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity or falsely state or otherwise misrepresent Company’s affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users; (e) transmit, access or communicate any data that Company does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (f) transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (g) transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (i) interfere with or disrupt the Services; (j) intentionally or unintentionally violate any applicable local, state, national or international law, including any rules and regulations of any securities exchange, any rules, regulations, requirements, procedures or policies in force from time to time relating to the Services, and any export or re-export laws, rules and regulations; (k) collect any information or communication about users of the Services by monitoring, interdicting or intercepting any process of or communication initiated by the Services or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing; (l) “stalk” or otherwise harass another; (m) modify, delete or damage any information contained on the personal computer of any other user; (n) collect or store personal data or other information about other users; (o) intentionally make available “spoofed” files or data, or files or data with any type of information designed to misidentify the actual content of a file or which is intended to mislead the recipient of the file; (p) except as expressly specified in the applicable Services Description, utilize the Services for the benefit of any third party or charge any person for the use or distribution of the Services; (q) take any steps to interfere with or in any manner compromise any of security measures with respect to the Services or any data or file transmitted, processed or stored on or through the Services; or (r) perform any activity which will or may breach the rights of any third party.
Violation of any of these conditions may result in the termination of your account.
Third Party Sites
Content available through our Services may include links to third party websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. We are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with third party sites found on our Services are between you and the site and you acknowledge and agree that we are not liable for any loss or claim you may have against a third party site.
Disclaimer of Warranties
We provide our Services “as is”, “with all faults” and “as available.” We and our suppliers make no express warranties or guarantees about the Services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH OUR SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OUR SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY OF OUR REPRESENTATIVES SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that these Terms cannot change.
Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF OUR SERVICES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE SERVICES AND OTHER THIRD PARTY ITEMS AND/OR THIS AGREEMENT, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF BRAZEN TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE GIVING RISE TO THE LIABILITY.
Except for claims covered under our indemnity to you under this Section, you agree to defend and indemnify us from any and all claims brought against Brazen by third parties, and will hold us harmless from all corresponding claims for cost, losses, damage, expense (including reasonable attorneys’ fees), or liability incurred by us arising out of or related to your misuse, modification or alteration of the Services or from your or any of your users’ providing of or use of your data, provided that we: (i) provide notice of the claim promptly to you; (ii) give you sole control of the defense and settlement of the claim; (iii) provide to you all available information, assistance and authority to defend; and (iv) have not compromised or settled such proceeding without your prior written consent.
Indemnification for Intellectual Property Claims Relating to Services.
- We will defend, at our expense, any legal proceeding brought against you to the extent it is based on a claim that the use of the Service is a direct infringement of a copyright or, to our knowledge, a United States patent, and will pay all damages awarded by a court of competent jurisdiction attributable to such claim, provided that you (i) provide prompt notice of the claim to us; (ii) give us sole control of the defense and settlement of the claim; (iii) provide to us all available information, assistance, and authority to defend; and (iv) have not compromised or settled such proceeding without our prior written consent.
- Should the Service or any portion thereof become, or in our opinion be likely to become, the subject of a claim for which indemnity is provided under this Section, we will, as your sole and exclusive remedy, elect in our sole discretion to: (i) obtain for you the right to use the Service; (ii) replace or modify the Service so that it becomes non-infringing; or (iii) agree to terminate the grant of right of use of the Service and grant you a refund of the fees actually paid by you to us for such Service for any unfulfilled future period of service.
- We will have no liability for any infringement or claim which results from: (i) modifications made by you or third parties or modifications made by us based on specifications or instructions provided by you; (ii) use of the Service in combination with any equipment, software, or data, not produced by us; (iii) our compliance with your designs or specifications or modifications made by parties other than us; or (iv) use of the Service in a manner prohibited under these Terms or in a manner for which the Service was not designed.
- Entire Liability. The provisions of this section set forth the entire indemnification obligations of Brazen and the sole remedies of Company with respect to intellectual property indemnification.
We make no representation that Content on the Services is appropriate for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access a Service from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
Choice of Law and Location for Resolving Disputes
You agree that the laws of Virginia govern this contract and any claim or dispute that you may have against us, without regard to Virginia’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You agree to waive claims that you might otherwise have against us based on the laws of other jurisdictions, including your own. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Arlington, Virginia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
The Information We Collect
We may obtain information about you from various sources, including our Sites, when you call or email us or communicate with us through social media, or when you participate in an Event. An “Event” is an online gathering that includes registration before the event begins, activities between the event’s start and end time, and after the event’s end time. We also may obtain information about you from business partners and other third parties and publicly available information.
The types of information we may obtain include:
- Personal Information, which is information that identifies you, such as your name, password, email address, address, phone number(s), and photographic image.
- Demographic Information, such as zip code, country, years of work experience, skills, industry, certifications, degrees, etc. We do this to help you connect with other event participants.
- Preference Information, such as preferred time zone or whether to show a dialog on your next visit. We do this to personalize your experience on the Sites.
- Anonymous information, such as pages visited, and time on the Sites. We do this in order to understand how the Sites are being used.
We collect information stored in your social media profile that you authorize us to access when you use your social media profile to execute features on the Sites, such as the ability to log into the Sites using your social media profile credentials.
In addition, when you visit our Sites, we may collect certain information by automated means, such as cookies and web beacons, as described in more detail below. The information we may collect by automated means includes:
- Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser and operating system type).
- Pages and URLs that refer visitors to our Sites, also pages and URLs that visitors exit to once they leave our Sites.
- Dates and times of visits to our Sites.
- Information on actions taken on our Sites (such as page views, site navigation patterns or application activity).
- A general geographic location (such as country and city) from which a visitor accesses our Sites.
- Search terms that visitors use to reach our Sites.
How We Use the Information We Collect
We may use the information we obtain about you to:
- Create, manage and maintain your account on the Sites.
- Provide you with services that you request.
- Manage your participation in events hosted on the Sites, where you have signed up for such events and promotions.
- Maintain a record of the events in which you participate, including chat history.
- Transcribe and make available conversation history to both parties involved in a conversation
- Enable you to interact with other event participants.
- Provide administrative notices or communications applicable to your use of the Sites.
- Respond to your questions and comments and provide customer support.
- Operate, evaluate and improve our business and the products and services we offer.
- Analyze and enhance our marketing communications and strategies (including by identifying when emails we have sent to you have been received and read).
- Analyze trends and statistics regarding visitors’ use of our Sites, mobile applications and social media assets, and the jobs viewed or applied to on our Sites.
- Protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users.
- Notify you from time to time of Brazen’s products and services
- Comply with applicable legal requirements and industry standards and our policies.
We also use non-personally identifiable information and certain technical information about your computer and your access of the Sites (including your internet protocol address) in order to operate, maintain and manage the Sites. We collect this information by automated means, such as cookies and web beacons, as described in more detail below.
We may collect, compile, store, publish, promote, report, share or otherwise disclose or use any and all Aggregated Information, however, unless otherwise disclosed in this policy, we will not sell or otherwise transfer or disclose your Personal Information to a third party without your consent.
If we seek to use the information we obtain about you in other ways, we will provide specific notice and request your consent at the time of collection.
The Information We Share
When you create an account on the Sites, Brazen will collect and retain information about you, some of which is Personal Information. You may be required to provide additional personal or demographic information when registering for an Event hosted on the Sites including, but not limited to, photo, resume, location, skills, industry.
The information you provide is collected by Brazen, and is shared with the company(ies) participating in the Event. This includes personal information such as name, email address, resume and other questions you answer during the registration process. This also includes the conversation history from conversations with any other participant and/or organization. If providing information for an Event, this information may become subject to the policies of the respective Company(ies) after it has been shared, as Brazen is not responsible for these policies. Providing additional information beyond what is required at registration is entirely optional, but enables you to better identify yourself.
We may share your Personal Information with third party contractors or service providers to provide you with the services that we offer you through our Sites; to provide technical support; or to provide specific services in accordance with your instructions. These third parties are required not to use your Personal Information other than to provide the services requested by Brazen.
We may also disclose specific user information when we determine, in good faith, that such disclosure is necessary to comply with the law, to cooperate with or seek assistance from law enforcement, to prevent a crime or protect national security, or to protect the interests or safety of Brazen or other users of the Sites.
You should be aware that any Personal Information you submit on the Sites may be read, collected, or used by other users of Brazen, and could be used to send you unsolicited messages. In addition, any personal information you submit in an Event can be read, collected, or used by participating companies, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to submit on the Sites.
How We Protect Personal Information
Brazen maintains administrative, technical and physical safeguards designed to assist us in protecting the Personal Information we collect against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
Please note that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures we have in place to safeguard Personal Information will never be defeated or fail, or that those measures will always be sufficient or effective. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your Personal Information will always remain private. As a user of the Sites, you understand and agree that you assume all responsibility and risk for your use of the Sites, the internet generally, and the documents you post or access and for your conduct on and off the Sites.
To further protect yourself, you should safeguard your Brazen Connect account username and password and not share that information with anyone. You should also log off from Brazen Connect and close your browser window when you have finished your visit to our Sites. Please note that we will never ask for your Brazen Connect account password via email.
How To Update Your Personal Information
You may access, update and amend Personal Information included in your online account at any time by logging into your account and making the necessary changes. You can decide what information to make available to other participants when you register for event, participate in a chat, or post or reply to comments.
You may choose to deactivate your account at anytime. When you deactivate your account, you will be logged out of Brazen Connect and you will no longer be able to log into Brazen Connect to view the events you attended or the chats you had with other participants. Furthermore, we will only delete registrations you have started or completed for upcoming events. We will not delete information you provided when registering for or participating in a concluded event as this information has already been shared with other participants that you engaged with in a chat or message board conversation.
About Cookies, Tracking Choices, and Third Party Service Providers
A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon” is also called a Web bug or a pixel tag or a clear GIF. Used in combination with cookies, a web beacon is an often-transparent graphic image, usually no larger than 1 pixel x 1 pixel, that is placed on a Web site or in an e-mail that is used to monitor the behavior of the user visiting the Web site or sending the e-mail.
The companies that provide third-party tools and services such as commenting operate under their own privacy policies and Brazen encourages you to be aware of the privacy policies of such companies. Brazen does not have control over or access to any information contained in the cookies that are set on your computer by third party tool providers.
There are a many resources on the Internet that can provide you guidance regarding deleting or disabling cookies.
Links to Other Sites
Choice of Law and Location for Resolving Disputes
The laws of Virginia govern this contract and any claim or dispute that you may have against us, without regard to Virginia’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
Any disputes or claims that you may have against us will be resolved by a court located in Arlington, Virginia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
We do not intentionally gather Personal Information about users who are under the age of 13. If you are under the age of 13, you are not authorized to use the Sites.
Please note that at all times you are responsible for updating your Personal Information to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
How to Contact Us