BRAVIANT HOLDINGS
306 W Erie Street, Suite 300, Office 1
Chicago, IL 60654
306 W Erie Street, Suite 300, Office 1
Chicago, IL 60654
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Braviant Holdings, LLC, its subsidiaries, affiliates, or any third parties acting on our behalf (“Braviant,” “we,” or “us”) grants you access to our website located at https://www.braviantholdings.com, mobile applications, and other online services (collectively, the “Site”) conditioned on your acceptance of these Terms of Use (“Terms of Use”).
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US, AND BY USING THE SITE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST CEASE USING THE SITE IMMEDIATELY.
We reserve the right, in our sole discretion, to modify these Terms of Use at any time without notice to you, unless required to do so under applicable law. We will post all modifications to these Terms of Use on the Site, and they will become effective immediately upon being posted to the Site, as indicated by the “Last Updated / Effective Date” above. Your continued use of the Site following the posting of such modifications constitutes your acceptance of them. Therefore, you should check the Last Updated / Effective Date of these Terms of Use each time that you visit the Site and review any modifications made since the last time that you visited it.
We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site.
The disclosures contained in Braviant’s Privacy Policy apply to our collection, use, and disclosure of your personal information. The Privacy Policy is incorporated by reference into these Terms of Use. By using the Site, you are also consenting to the Privacy Policy.
This Site may provide general information, including about our products, licenses, and services (collectively, “Services”). While we use reasonable efforts to include accurate and up-to-date information at the Site, we make no warranties or representations as to the Site’s accuracy. We do not undertake any obligation or responsibility to update or amend any such information. Any dated information is published as of its publication date only.
Your eligibility for our Services is subject to our final determination, restrictions, and acceptance. We may discontinue or make changes to the Services described on this Site at any time. We reserve the right to terminate any or all Services without prior notice, unless required to do so under applicable law.
The contents of this Site, including its look and feel (e.g., text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under United States copyright, trademark, and other intellectual property laws. The contents of the Site belong or are licensed to Braviant or its software or content suppliers. We grant you the right to view and use the Site subject to these Terms of Use. You may download or print a copy of information provided on the Site for your use only. Any distribution, reprint, electronic reproduction, or other commercial use of any content from this Site, in whole or in part, for any other purpose, is expressly prohibited without our prior written consent. We neither represent nor warrant that your use of materials displayed at the Site will not infringe rights of third parties. Additionally, you agree that you (i) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the Site (or printed pages produced from the Site), and (ii) will not make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with Braviant.
As a condition of your use of this Site, you agree that you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any user of this Site; (iii) probe, scan, or test the vulnerability of this Site or the Braviant network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host, or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; or (v) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability.
While we use reasonable efforts to safeguard the security of the Site, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Site. We assume no liability or responsibility for any unauthorized alterations in the content or functionality of the Site.
Additionally, 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 us via the Site may be read or intercepted by others, notwithstanding Braviant’s efforts to protect such transmissions. Braviant makes no warranty whatsoever to you, express or implied, regarding the security of the Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Site.
To protect the security of your information, Braviant may require you to authenticate your identity (i.e., prove that you are who you say you are) when you use the Site. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. Braviant is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access.
Your use of the Site is limited to the intended function of the Site. Unauthorized use of the Site and systems, including but not limited to unauthorized entry into Braviant’s systems or misuse of any information posted on the Site, is strictly prohibited. You may not use the Site in a manner that:
a) is unlawful, fraudulent, or deceptive;
b) encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
c) violates these Terms of Use or any other Braviant policies;
d) fails to comply with applicable third-party terms; or
e) constitutes any other inappropriate conduct, as determined by us in our sole discretion.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, regulation, rule or ordinance.
If you violate any provision of these Terms of Use, we reserve the right to terminate your permission to use the Site. Additionally, we, in our sole discretion may terminate your access to the Site at any time, with or without notice.
Braviant’s policy is to not accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, comments, questions, concepts that are offered or communicated through this Site or otherwise shall become the property of Braviant and may be treated by Braviant as non-confidential and non-proprietary. We shall have the unrestricted right to use and disclose such ideas, suggestions, know-how, comments, questions, or concepts for any purpose without compensation or obligation to any party.
You understand that by providing Braviant with any information via the Site or otherwise providing materials to Braviant, you are granting to Braviant a royalty-free, perpetual, irrevocable license to use this information. Furthermore, you understand that we retain the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information privately transmitted through the Site is the sole responsibility of the person from whom such content originated and that we will not be liable for any errors or omissions in any content.
By submitting your contact information to us, you are expressly consenting to be contacted by us (and our affiliates, agents, assigns, and service providers) by telephone, email, or postal mail even if you have opted into the national Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List or the Do Not Call List of any specific institution. You consent to be contacted by written notices; SMS messages (including text messages); telephone at any telephone number associated with you, including mobile devices, and in connection with any such telephone calls, you consent to the use of prerecorded/artificial voice messages and/or automatic dialing devices that could result in charges to you; email notices at any email address or mailing address we have for you in our records or from other public and nonpublic databases that we may lawfully access. You hereby further consent that we may utilize third party service and other providers for the purposes of contacting you on our behalf in accordance with the Terms of Use.
This Site may contain links to sites maintained by third parties. We are not responsible for the content of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any party who is associated with those sites. Please note that other websites and web pages linked to this Site may be governed by separate terms and conditions, including privacy policies. Please refer to the applicable terms and conditions of those websites and web pages when visiting them.
This Site is not intended for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations. We may restrict your access to the Site during times when you are in a country other than the United States. You are responsible for compliance with all local laws. Furthermore, by offering Services via this Site, no solicitation is made by us to any person to use such Services in jurisdictions where the provision of such Services is prohibited by law.
None of the products or underlying information or technology available at this Site may be downloaded or otherwise exported: (i) to (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading from, or using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to indemnify Braviant against any and all costs, liabilities, losses, or expenses arising from, or relating to, any asserted violation by you of any of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data.
This Site is not directed at children under the age of eighteen (18), and we do not knowingly collect personal information at this Site from any child under the age of eighteen (18).
THE INFORMATION AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR ACCURACY. ADDITIONALLY, WE DO NOT WARRANT THAT THE SITE IS FREE FROM HARMFUL VIRUSES. WE MAY AMEND OR MODIFY THE CONTENT OF THIS SITE WITHOUT NOTICE TO YOU OR ANY LIABILITY TO YOU. YOU USE THIS SITE AT YOUR OWN RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
At times you may experience difficulty accessing the Site, communicating with Braviant through the Internet, or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider's, or Braviant’s, can experience unanticipated outages or slowdowns or have capacity limitations. Braviant is not responsible for failure or delay of performance caused by such problems.
UNDER NO CIRCUMSTANCES WILL BRAVIANT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE, OR LOST OPPORTUNITY, EVEN IF BRAVIANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, ANY LINKED SITE, OR RESULTING FROM A DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, BRAVIANT’S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE OR ITS CONTENT SHALL BE LIMITED TO THE AMOUNT YOU PAID TO ACCESS THE SITE.
In jurisdictions that do not allow for the exclusion or limitation of liability for consequential or incidental damages, our liability is limited to the greatest extent permitted by law.
By using the Site, you agree to defend, indemnify, and hold harmless Braviant from and against any and all losses, claims, damages, costs and expenses (including but not limited to reasonable legal and accounting fees) that we may incur arising or resulting from your use of this Site, the content of the Site, or your breach of these Terms of Use. We reserve the right to assume or participate, at your expense, in the investigation, settlement, and defense of any such action or claim.
Certain features available through the Site may be subject to additional terms, which will be presented to you at that time of Service. In the event of a conflict between these Terms of Use and such additional terms, the additional terms will govern solely with respect to such features. Such additional terms are expressly incorporated into and made part of these Terms of Use.
These Terms of Use are governed by and construed in accordance with the laws of the State of Illinois excluding choice-of-law provisions of Illinois law that would result in the laws of any state or country other than Illinois being applied. The state courts in Cook County, Illinois have general jurisdiction and will be the exclusive venue for litigating any claims, actions, or proceedings related to the Site, Terms of Use, or any other Braviant policies or terms and conditions. Any such cause of action you may have must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action shall be barred.
If any portion of these Terms of Use is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Use as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion that is unlawful, void, or unenforceable shall be stricken from these Terms of Use. You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of Braviant’s rights and that those rights or remedies will still be available to Braviant. All covenants, agreements, representations, and warranties made in these Terms shall survive your acceptance of these Terms of Use and the termination of the agreement(s) contained herein. These Terms of Use represent the entire understanding and agreement between you and Braviant regarding your use of the Site and supersede all other previous agreements regarding same.
If you have questions about these Terms of Use, please contact us:
Braviant Holdings, LLC
Attention: Legal
306 W Erie Street, Suite 300 Office 1
Chicago, IL 60654
