Terms of Use

Effective Date: 3/4/2024

Welcome to briskteaching.com, the website and online and/or mobile services of Brisk Labs Corp. (“we,” “us,” or “Brisk”). This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the service (collectively, the “Services”).

These Terms of Use apply to all visitors, users and others who access the Services (“Users” or “you”). When the Service is used by teachers, school districts, school boards and individual schools within a district (“Educational Institutions”), then “you” includes teachers, including but not limited to administrators who access the Services on their behalf (“Teachers”), students who use the Services under the supervision of their Educational Institutions (“Students”), and parents and legal guardians of Students (“Parents”). These Terms of Use and any additional terms which make reference to these Terms of Use and are incorporated herein and any other contractual terms (including without limitation contracts with Educational Institution users) are collectively referred to herein as the “Agreement”.

These terms are a legally binding agreement between you and Brisk regarding your use of the Service. By accessing or using the Services, checking the box marked [“I Agree”], or by otherwise affirmatively stating your desire to use the Services, you signify that you have read, understood, and agree to be bound by this Agreement and to the collection and use of your information as set forth in the Brisk Privacy Notice, otherwise you may not use the Services. Because our Services change relatively often, the terms in this Agreement and our Privacy Notice may change too. Upon making changes, we will update the “Effective Date” found at the top of this page. Your continued use of the Services after any changes constitutes your acceptance of the new terms.products and services of Brisk Labs Corp. ("Brisk," "we," "our," or "us") that link to this page, such as Brisk’s websites, online platforms and web browser extensions (collectively, our "Service").

***Please read these terms carefully to ensure that you understand each provision. These terms contain a mandatory individual arbitration agreement in Section 3.8 (the “Arbitration Agreement”) and class action/jury waiver provision in Section 3.9 (the “Class Action/Jury Trial Waiver”) that apply to you. The Arbitration Agreement and Class Action/Jury Trail Waiver require, with only specified exceptions in Sections 3.8 and 3.9 or unless you opt out pursuant to the instructions in Section 3.8, the exclusive use of final and binding arbitration on an individual basis only to resolve disputes, rather than jury trials or class, collective, private attorney general or representative actions or proceedings. ***

TABLE OF CONTENTS
  1. SECTION 1. BRISK SERVICES
  2. 1.1  ELIGIBILITY 
  3. 1.2 DETAILS ABOUT THE BRISK SERVICES
  4. 1.3 CONTROL OVER USE OF SERVICES
  5. 1.4 RESTRICTED USES
  6. 1.5 USER CONTRIBUTIONS
  7. 1.6 User Input; Output
  8. 1.7 FEES FOR SERVICES
  9. SECTION 2. RIGHTS IN OUR CONTENT
  10. SECTION 3. GENERAL LEGAL TERMS
  11. 3.1 BRISK DATA
  12. 3.2 PRIVACY AND SECURITY
  13. 3.3 THIRD-PARTY LINKS AND INFORMATION
  14. 3.4 INDEMNITY
  15. 3.5 WARRANTY DISCLAIMER
  16. 3.6 LIMITATION OF LIABILITY
  17. 3.7 GOVERNING LAW
  18. 3.8 ARBITRATION
  19. 3.9 CLASS ACTION / JURY TRIAL WAIVER
  20. 3.10 DMCA NOTICE
  21. 3.11 SEVERABILITY AND WAIVER
  22. 3.12 HOW TO CONTACT US
SECTION 1. BRISK SERVICES

Brisk’s Services provide a web browser extension built for Students, Teachers and Educational Institutions to assist with creating curriculums, giving feedback, and inspecting writing.

You hereby represent and warrant that you shall install, or cause to be installed, the browser extension only on devices you own or control, and that you have provided appropriate disclosures to, and any received any necessary consents from, your Users or any other end users regarding the installation of the browser extension on any device which is used to use the Services. For clarity and without limitation, you are solely responsible for the selection of devices and/or user accounts to which the browser extension will be associated, and for the installation of the browser extension on such devices or accounts for the purpose of participating in the Services.

This is a contract between you and Brisk. You must read and agree to this Agreement before using the Services. If you do not agree, do not use the Services. You may use the Services only if you can form a binding contract with Brisk, and only in compliance with this Agreement and all applicable laws. The Services are not available to any Users previously removed from the Service by Brisk.

1.1  ELIGIBILITY 

By agreeing to these Terms of Use, you represent and warrant to us that: (a) you are at least 18 years old; or (b) you are between the age of 13 and 18 and represent that you have and shall maintain permission of your Parent or Educational Institution to use the Services; and (c) you have not previously been suspended or removed from the Services; and (d) your registration and your use of the Services is and will be in compliance with any and all applicable laws and regulations.

If you are a Parent who allows your minor child to use the Service, you accept these Terms on behalf of your child and are responsible for your child’s activity on the Service. 

If you are an Educational Institution or Teacher who intends to make the Services available to Students for use in an educational setting, you must contact us to enter into a student data processing agreement before permitting Students to use the Services. If you are a Student under the age of 18 who uses these Services through your Educational Institution, then your use of the Services may be subject to additional policies and restrictions imposed by your Educational Institution or Teachers with which you must comply in order to use the Services.

Subject to the terms and conditions of this Agreement, Brisk grants to you permission to access and use the Services. We reserve all rights not expressly granted to you in the Services and the Brisk Content (as defined below). We may terminate this license at any time for any or no reason.

1.2 DETAILS ABOUT THE BRISK SERVICES

Your account on the Services (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may cancel your User Account at any time.

We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of an Educational Institution, company, organization or other entity, then: (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.

By connecting to the Services with a third-party service, you give Brisk permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. Without limiting the foregoing, with respect to any use of Google OAuth to login to your User Account and any use of Google Classroom as integrated with the Services, you agree to comply with the Google APIs Terms of Service and such other terms and conditions as Google may provide from time to time.

You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify Brisk immediately of any breach of security or unauthorized use of your User Account. Brisk will not be liable for any losses caused by any unauthorized use of your User Account.

1.3 CONTROL OVER USE OF SERVICES

You may control your profile and how you interact with the Services by changing the settings in your settings page. By providing Brisk with your email address you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out by clicking on the “unsubscribe” link provided in such communications. Opting out may prevent you from receiving email messages regarding updates, improvements or offers.

1.4 RESTRICTED USES

Please do not do anything to harm our product or try to hack our Services. Specifically, by using the Services, you agree not to do any of these things: (i) copy, distribute, or disclose any part of the Services in any medium, including but not limited to by any automated or non-automated “scraping”; (ii) use any automated system, including but not limited to “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Brisk servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) transmit spam, chain letters, or other unsolicited email; (iv) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (vi) transmit any malicious software agents through the Services; (vii) collect or harvest any third-party personally identifiable information from the Services; (viii) use the Services for any commercial solicitation purposes; (ix) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfere with the proper working of the Services; (xi) access any content on the Services through any technology or means other than those provided or authorized by the Services; or (xii) bypass the measures we use to prevent or restrict access to the Services, including but not limited to features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or related content.

We continually update our Services to offer the best possible product. While we plan to continue to offer and improve our Services, we may, without prior notice, change, cancel, create usage limits for, or permanently or temporarily stop offering or allowing you access to the Services generally (“Service Changes”). While we will try to give you advance notice of Service Changes that will adversely affect you, this might not be practical or possible and we retain the right to make Service Changes without notice and liability for any reason. If this Agreement ends you continue to be bound by it in any interactions you may have with the Services.

You are fully responsible for your interactions with other Users, and we have no liability for your interactions with any other Users, or for any User’s actions or inactions with respect to you.

1.5 USER CONTRIBUTIONS

The Services may contain interactive features like personal messaging and product review functions that allow Users to post, submit, publish, display, or transmit (collectively, “Share”) documents, text, messages, content and other materials (“User Contributions”) to Users or other persons content or materials on or through the Services. All User Contributions must comply with this Agreement.
By Sharing User Contributions through our Services, you agree to allow others to view, edit, share, and/or interact with those User Contributions in accordance with your settings and this Agreement. We have the right (but not the obligation) in our sole discretion to monitor and remove any User Contributions that are Shared via our Services. You hereby grant each User a non-exclusive license to access your User Contributions through our Services, and to use, reproduce, distribute, display and perform your User Contributions, which you make available to such User through our Services. You further grant, and represent and warrant that you have all rights necessary to grant, to us an irrevocable, perpetual, transferable, sublicensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to use, copy, store, modify, distribute and display your User Contributions: (a) to maintain and provide our Services; (b) other User Contributions submitted as personal messaging, to improve our products and services and for our other business purposes, such as data analysis, customer research, developing new products or features, and identifying usage trends; and (c) to perform such other actions as described in the Brisk Privacy Notice or as authorized by you in connection with your use of our Services.

You represent and warrant that you own or control all rights in and to the User Contributions, have the right to grant the licenses granted above, and all of your User Contributions do and will comply with this Agreement.

You understand and acknowledge that you are responsible for any User Contributions you Share, and you, not we, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User.

We have the right to:

Remove or refuse to post any User Contributions in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the safety of Users or the public, or could create liability for us.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

***You waive and hold us and our affiliates, licensees, and service providers harmless from any claims resulting from any action we or our affiliates, licensees, and service providers take during, or taken as a consequence of, investigations related to such cooperation. ***

We cannot review all User Contributions before they are Shared, and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described above.
We continually update our Services to offer the best possible product. While we plan to continue to offer and improve our Services, we may, without prior notice, change, cancel, create usage limits for, or permanently or temporarily stop offering or allowing you access to the Services generally (“Service Changes”). While we will try to give you advance notice of Service Changes that will adversely affect you, this might not be practical or possible and we retain the right to make Service Changes without notice and liability for any reason. If this Agreement ends you continue to be bound by it in any interactions you may have with the Services.

You are fully responsible for your interactions with other Users, and we have no liability for your interactions with any other Users, or for any User’s actions or inactions with respect to you.

1.6 User Input; Output

You may also submit User Contributions to be processed by the Services’ generative AI features (such User Contributions, “User Input”) in order to make use of the Services as well as to generate outputs such as essay feedback, lesson plans, quizzes, exemplars, and other resources (collectively, “Output”), in each case in accordance with the terms and conditions of this Agreement. Subject to your compliance with this Agreement, you may use such Output for any lawful purpose (except as described below), on a royalty-free basis, provided that you acknowledge and agree that: (i) Brisk has no responsibility for the legality, reliability, accuracy, and appropriateness of User Input; (ii) Brisk is neither responsible nor liable to any third party for the content or accuracy of User Input or the Output resulting from its processing by the Services; (iii) no ownership of Intellectual Property Rights in the Services is transferred to you as a result of your submission of User Input or use of any of the Services or Output; and (iv) we may, by notice to you at any time, limit your use of the Output or require you to cease using Output (and delete any copies of Output) if we form the view, in our sole and absolute discretion, that your use of the Output may infringe the rights of any third party. You shall not represent that Output was human-generated or use the Output to train your own machine learning models.  

DUE TO THE NATURE OF MACHINE LEARNING, THE OUTPUT MAY NOT BE UNIQUE ACROSS USERS AND THE SERVICES MAY GENERATE THE SAME OR SIMILAR OUTPUT FOR OTHER USERS. USE OF THE SERVICES MAY RESULT IN INCORRECT OUTPUT THAT DOES NOT ACCURATELY REFLECT REALITY. YOU MUST EVALUATE THE ACCURACY OF ANY OUTPUT AS APPROPRIATE FOR YOUR USE CASE, INCLUDING BY USING HUMAN REVIEW OF THE OUTPUT. YOU UNDERSTAND AND AGREE THAT THE OUTPUT MAY CONTAIN “HALLUCINATIONS” AND MAY BE INACCURATE, OBJECTIONABLE, INAPPROPRIATE, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY THIRD PARTY ALLEGES TO INCUR AS A RESULT OF OR RELATING TO ANY OUTPUT OR OTHER CONTENT GENERATED BY OR ACCESSED ON OR THROUGH THE SERVICES.

1.7 FEES FOR SERVICES

Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to our Pricing and Payment Terms, as we may update them from time to time. We may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion.

You may cancel your User Account at any time; however, there are no refunds for cancellation. In the event that Brisk suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

SECTION 2. RIGHTS IN OUR CONTENT

“Intellectual Property Rights” means all worldwide patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all related applications and registrations, renewals and extensions.

The Services and all materials made available to you in connection with them, including, but not limited to, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and any content belonging to other Users (the “Brisk Content”), and all related Intellectual Property Rights, are the exclusive property of Brisk and its licensors. Except as specified in this Agreement, nothing may be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Brisk Content. To be clear: any use of the Brisk Content for a purpose not expressly permitted by this Agreement is strictly prohibited.

If you send us ideas or comments about our Services, you agree that we may freely use or reference those ideas and comments and we do not owe you any payment or have any other obligation of any kind for such ideas or comments.

SECTION 3. GENERAL LEGAL TERMS
3.1 BRISK DATA

Certain parts of the Services may allow you to obtain or access analytics or other data or information associated with your account (“Brisk Data”). The data elements we collect and use to create Brisk Data depends on your student information system (“SIS”) type and the applications you are working with. You can find the data elements used by each application by going to your dashboard.

Brisk Data is licensed to you for your use on a limited basis, and is governed solely by the terms of this Agreement and available for distribution only at our sole discretion. Brisk owns the account you use to access the Services along with any rights of access or rights to data stored by or on behalf of Brisk on Brisk servers, including but not limited to any data representing any or all of your Brisk Data. Brisk has the right to manage, control and even eliminate Brisk Data.

*** You understand and agree that any data, account history and account content residing on Brisk’s servers may be deleted at any time for any reason in Brisk’s sole discretion, with or without notice and with no liability of any kind. We do not provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on Brisk’s servers. ***

3.2 PRIVACY AND SECURITY

We care about the privacy of our Users. You understand that by using the Services you acknowledge that we will collect, use and disclose your personally identifiable information as set forth in our Privacy Notice. 

When Brisk is used by an Educational Institution or Teacher for an educational purpose, Brisk may collect or have access to Student Data. “Student Data” is personal information that is directly related to an identifiable Student that is maintained by an Educational Institution or related entity or organization, or by us on behalf of such entity. Student Data may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g). If you are a Teacher or Educational Institution and are interested in allowing Students to use our Services for an educational purpose, you must contact us to enter into a student data processing agreement to govern the collection, use and disclosure of Student Data in accordance with FERPA and other applicable laws.

The Services may contain links to third-party materials that are not owned or controlled by Brisk. Brisk does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services or share your User Contributions on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement does not apply to your use of such sites. You expressly relieve Brisk from any and all liability arising from such use of any third-party website, service, or content. 

3.4 INDEMNITY

You agree to defend, indemnify and hold harmless Brisk and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data, Output or content transmitted or received by you; (ii) your violation of any term of this Agreement, including but not limited to your breach of any of the representations and warranties; (iii) your violation of any third-party right, including but not limited to any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any content or information that is submitted via your account; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.

3.5 WARRANTY DISCLAIMER

*** You acknowledge that the Services are provided on an “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” basis, including without limitation with respect to any AI Features. The entire risk associated with the quality, performance, accuracy, and effort of the Services lies with you. To the maximum extent permitted by applicable law, the Services are provided without warranties of any kind, whether express or implied, including, but not limited to, warranties or conditions of, and all liability for: (a) merchantability; (b) fitness for a particular purpose; (c) workmanlike effort; (d) title, non-infringement, and breach of third party rights; (e) adequacy, accuracy, timeliness, and completeness of content or results; (f) arising through course of dealing or usage of trade; and (g) uninterrupted or error-free access or use, in respect of the Services and any outputs therefrom. Without limiting the foregoing, Brisk, its subsidiaries, its affiliates, and its licensors do not warrant that the Brisk Content is accurate, reliable or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location, uninterrupted; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components. Any content or output downloaded or otherwise obtained through the use of the Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the Services. We do not warrant, endorse, guarantee, or assume responsibility for any Third-party Materials, and we will not be a party to or in any way monitor any transaction between you and third-party providers of Third-Party Materials.

Federal law, some states, provinces and other jurisdictions do not allow exclusions and limitations of certain implied warranties, so some of the above limitations may not apply to you.***

3.6 LIMITATION OF LIABILITY

*** To the maximum extent permitted by applicable law, in no event shall Brisk, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Services. Under no circumstances will Brisk be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or your account or the information contained therein. ***

*** To the maximum extent permitted by applicable law, Brisk assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our services; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the services; (v) any malicious software agents that may be transmitted to or through our services by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services; and/or (vii) content you create or the defamatory, offensive, or illegal conduct of any third party. In no event shall Brisk, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Brisk hereunder or $100.00, whichever is greater. ***

*** This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Brisk has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. ***

The Services are controlled and operated from US-based facilities, and we make no representations that they are appropriate or available for use in other locations. If you access or use the Services from other jurisdictions, you understand that you are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. Because we have to say this, you may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

3.7 GOVERNING LAW

You agree that: (i) the Services will be deemed solely based in California; and (ii) the Services will be deemed passive services that do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement will be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 3.8 and preempts all state laws to the fullest extent permitted by law. If the FAA is determined to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods does not apply. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions related to this Agreement. You agree that Santa Clary County, California is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

3.8 ARBITRATION

*** Read this section carefully because it requires Parents and Teachers to arbitrate their disputes and limits the manner in which they can seek relief from Brisk. If you are a Parent or Teacher, then this section (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and Brisk that arises out of or relates to, directly or indirectly: (a) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Services, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Services; or (d) any other aspect of your relationship or transactions with us, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to this Agreement.***

If you are a new User, you can reject and opt-out of this Arbitration Agreement within 30 days of accepting this Agreement by emailing us at privacy@briskteaching.com with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.

For any Claim, you agree to first contact us at privacy@briskteaching.com and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by AAA before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or Delaware, unless we agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and Brisk agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Agreement, any provision of the Agreement, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.

Nothing in this section shall be deemed as: preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.  

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.

3.9 CLASS ACTION / JURY TRIAL WAIVER

*** With respect to all Parents and Teachers, regardless of whether they have obtained or used the Services for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You and Brisk agree that the arbitrator may award relief only to an individual claimant and only to the extent necessary to provide relief on your individual claim(s). Any relief awarded may not affect other users. You and Brisk further agree that, by entering into this Agreement, you and Brisk are each waiving the right to a trial by jury or to bring, join, or participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind as a plaintiff or class member.***

3.10 DMCA NOTICE

Since we respect artist and content owner rights, it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Services;
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice
Legal Department
Tel.:
Email: hello@briskteaching.com

*** Under Federal Law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees. This procedure is exclusively for notifying us that your copyrighted material has been infringed. The requirements above are intended to comply with our rights and obligations under the DMCA, but do not constitute legal advice. It may be advisable to contact an attorney regarding rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, we have a policy of terminating, as appropriate, Users deemed to be repeat infringers. We may also choose to limit access to the Services and terminate the accounts of Users who infringe intellectual property rights of others, whether or not there is any repeat infringement.***

3.11 SEVERABILITY AND WAIVER

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us in accordance with the terms of our Privacy Notice. This Agreement, together with any amendments and any additional agreements you may enter into with Brisk in connection with the Services including other agreements referenced herein, constitute the entire agreement between you and Brisk concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and Brisk’s failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision. If access to the Services is licensed to the United States government or any agency thereof, then the Services will be deemed to be “commercial computer software” and “commercial computer software documentation,” pursuant to DFARS Section 227.7202 and FAR Section 12.212, respectively, as applicable. Any use, reproduction, release, performance, display, or disclosure of the Services and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. Neither party will hold themselves out to be joint venturers, and neither party is authorized or empowered to act as the agent of the other.

3.12 HOW TO CONTACT US

If you have any questions about this Agreement, please contact us at:

privacy@briskteaching.com