Brooklyn Born Group, LLC

Brooklyn Born Group Terms of Use

Last Updated: September 12, 2017

Welcome to https://brooklynborngroup.thinkific.com/ website (“Site”) operated by Brooklyn Born Group LLC. By visiting and using this Site you will be accepting these Terms of Use ("TOU"). This TOU governs your access to and use of the Site and any of the Services we provide through the Site (together the “Services”). Please read them carefully and if you disagree with the TOU in any way, then do not use this Site or any of the Services. Brooklyn Born Group reserves the right to post changes to the TOU on this Site at any time. If we make any material changes to this TOU, we will post the updated TOU here, along with its effective date, and notify you by email or by means of a notice on our Site. If any TOU changes are not acceptable, you must stop your use of this Site. In these TOU, "Brooklyn Born Group" and "we" refer to Brooklyn Born Group, LLC, and "User" or "you" refer to each visitor to this Site.

If you subscribe to any Services offered through this Site, you may also be subject to additional terms and conditions ("Terms of Service" or "TOS") applicable to such Services, which will be brought to your attention at that time.

Sites and Services

We do not guarantee that access to or use of this Site or any Services will be uninterrupted or error free, and Brooklyn Born Group shall not be liable for any feature not being accessible or for any unavailability of its Site and Services. The Site and its features may be expanded, limited or modified at any time by Brooklyn Born Group to meet the needs of its Users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the Site or Services, without notice. To access some of the content or features of the Site or its Services, Users may need to enhance or update the hardware or software in their computer systems. Brooklyn Born Group assumes no responsibility for any failure to access the Site or any Services, partially or fully, whether due to the User's system, the Internet network or any other cause.

Minors

We do not provide information or services to minors, and if you are under 18, and at least 13 years of age, you may only use this Site and/or the Services with the active involvement of a parent, guardian or other supervising adult. You may not use this Site if you are under 13 years of age.

No Individual Investment Advice

This Site does not provide individual or customized legal, tax, accounting, or investment services. Since each individual's situation is unique, a qualified professional should be consulted before making financial decisions.

Message Web Site Content Limitations

We make no guarantees as to the accuracy, thoroughness or quality of the information on this Site or through the Services, which is provided only on an “AS-IS” and “AS AVAILABLE” basis at User’s sole risk. This information may be provided by third parties and Brooklyn Born Group shall not be responsible or liable for any errors, omissions or inaccuracies in the Site content. The information and investment, accounting, or legal strategies provided at this Site are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in Canada or the U.S., and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the information and Services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial, accounting, legal, or business purpose. In addition, the opinions and views expressed in any article on this Site are solely those of the author(s) of the article and do not reflect the opinions of Brooklyn Born Group or its management. The Site content and services may be modified at any time by us, without advance notice or reason, and Brooklyn Born Group shall have no obligation to notify you of any corrections or changes to any Site content.

License to Use Site Content

We grant you a limited personal use license to access, display, download, format and print portions of this Site content solely for your own personal non-commercial use, provided that the content is not modified and all proprietary notices are kept intact. You may not reproduce, publish, translate, merge, sell, rent, distribute the content, or create a derivative work of the content on any other website or as part of any educational, training or reference materials. You may not frame or utilize framing techniques to enclose any content on this Site.

Please note that, if you purchase any Courses (as defined herein) through Brooklyn Born Group that purchase is subject to specific license rights provided for https://brooklynborngroup.thinkific.com/ of this TOU (below).

Third Party Content

Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through this Site by third parties (“Third Party Content”) are solely those of their respective providers and not of Brooklyn Born Group which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of the User to evaluate Third Party Content and Brooklyn Born Group shall not be liable for any damage or loss caused by Users’ reliance on or other use of Third Party Content.

Content Posted by Users

To the extent we enable you to, and you choose to post or share any content or materials you will be (a) granting Brooklyn Born Group a fully transferable, sub-licenseable (with rights to sublicense, including, without limitation, through multiple tiers) to display, perform, reproduce, modify, transfer, distribute and create derivative works from the User Content and to associate your public profile information (if any) with such User Content, in any media formats and through any channels (whether now known or hereafter developed); perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license to allow your materials to be edited and displayed by Brooklyn Born Group on its Site, and accessed by Users, for the purposes and on the terms in these TOU, (c) agreeing to indemnify and hold harmless Brooklyn Born Group and its Users from any claim or demand made by any third party due to or arising out of your User Content, and (d) representing that you own or otherwise have the right to post the User Content, that the User Content is accurate, that use of the User Content on the Site does not violate any laws, and that the materials will not cause injury to any person. Brooklyn Born Group shall have the right to use your name in connection with your posted User Content. Brooklyn Born Group reserves the right to remove or modify any User Content for any reason, including without limitation, if we believe it violates these Terms and Conditions.

If you choose to post any User Content and interact with other users, if applicable, please be respectful of other users and use common sense when posting comments. Remember that anything you post online may be perpetually available and are not confidential or private. Do not post anything you would not be comfortable sharing or being made public.

IMPORTANT: No Client Relationship; No Privilege. By answering questions, educators do not intend to form, and do not form an advisor-client, accountant-client, attorney-client, or any other direct privileged or professional relationship with any user of the Site. Please keep in mind that laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location. Additionally, none of the Third Party Content private or confidential, nor is it protected by attorney-client, or any other privilege, and it may be read, collected, and used by others. Search engines may index your questions, answers, and other Third Party Content to allow them to appear in search engine results (e.g. if someone does a search on google.com or another search engine, your questions, answers, and other Third Party Content on our Site that relate to the search may appear in the search results list).

PLEASE NOTE: Brooklyn Born Group does not provide tax, accounting, legal, investment, or financial services. The information available through Brooklyn services is solely for informational purposes on an “as is” basis at user’s sole risk. The information is not meant to be, and should not be construed as advice or used for investment, legal, accounting, or tax purposes. Brooklyn Born Group makes no guarantees as to the accurateness, quality, or completeness of the information and Brooklyn Born Group shall not be responsible or liable for any errors, omissions, inaccuracies in the information or for any user’s reliance on the information. User is solely responsible for verifying the information as being appropriate for user’s personal use, including without limitation, seeking the advice of a qualified professional regarding any specific financial, legal, accounting, or tax questions a user may have.

Brooklyn Born Group is not endorsed by or affiliated with any state bar association or other legal or accounting membership organization or association, tax authorities, or agencies or associations, or FINRA or any other financial regulatory authority, agency, or association.

Subject to your satisfactory completion of a Course, as determined by Brooklyn Born Group in its sole discretion, you may provide a certificate of accomplishment upon conclusion of the applicable Course. You acknowledge that any such certificate merely indicates completion of a Course and is not affiliated with any college, university, company, or other certifying institution, and does not stand in the place of a course taken any academic institution and does not convey academic credit or certification for any such academic institution and neither Brooklyn Born Group nor any instructor has any obligation to you to assist you in obtaining any such credit or certification.

Indemnification. You agree to indemnify and hold Brooklyn Born Group harmless from and against any claims arising out of or related to your use of the Brooklyn Born Group Academy Service, including for your violation of any law or regulation or that your use infringes or otherwise violates any intellectual property or other proprietary right of Brooklyn Born Group or any person or entity.

Modification and/or Termination of Courses. We reserve the right to at any time, modify or discontinue, temporarily or permanently any one of the Courses or the Brooklyn Born Group Academy in whole or part. You agree that we are not liable to you or any third party for any such modifications, suspension, or termination of any or all Courses. Nothing in this TOU shall be construed to obligate us to maintain and/or support any of the online Course services, in whole or part, during the term of this TOU or thereafter.

Incentives, Rewards and Other Promotional Offers

Brooklyn Born Group may offer incentives, offers, promotions, sweepstakes or contests in connection with its Services. In the case of sweepstakes or contests, you will be provided separate terms and conditions that must be agreed to in order to be eligible for participation in any sweepstakes and/or contests. In connection with any incentives, rewards, or similar programs. any such program is issued at Brooklyn Born Group’s sole discretion and cannot be transferred, bartered or sold or used for a purchase where payment is made using payment information (e.g., a credit card number or PayPal account). Any such incentives and/or programs are not a payment instrument; they are issued without any exchange of money or value from you and you have no vested property right or interest in the incentives. Brooklyn Born Group reserves the right to cancel or revoke any incentives or programs, or your participation therein, for any reason or no reason whatsoever, including, without limitation, if it determines in its sole discretion that you have violated these terms, the terms specific to any rewards, incentive, or other program, or the rest of this TOU. Brooklyn Born Group reserves the right in its sole discretion at any time and without prior notice to you, to add to, remove or otherwise change the terms applicable to the issuance and use of any incentive, offers, promotions or other similar program.

Viruses

Brooklyn Born Group does not guarantee that files available for downloading through its Site will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.

Advertisers Are Not Endorsed

Though we seek to partner with quality companies, we are not responsible for the claims or representations made by advertisers and sponsors. Brooklyn Born Group does not review, endorse or recommend the products or services of any company mentioned on our Site. We will not be liable in any way for damages of any kind resulting out of the misuse of any personal information or data submitted by you to an advertiser or sponsor.

Links

As a convenience to Users, the Site and Services may provide links to other sites or resources. Because we do not review or have no control over such sites and resources, Brooklyn Born Group shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by Brooklyn Born Group of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Site. The information available on third parties websites may have certain restrictions on its use or distribution which differ from this TOU.

Prohibited Conduct

The following activities are strictly prohibited:

• Posting unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (“Spamming”);
• Postings for any unlawful or fraudulent purpose (including links);
• Posting of personal information (for yourself or anyone else);
• Posting materials containing viruses or other malicious or destructive code;
• Posting materials containing viruses or other malicious or destructive code;
• Posting of offensive content including profanity, obscenity, racist or pornographic material;
• Engaging in any activities materials that are defamatory, violate the personal privacy rights of others, or infringe any person's rights, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
• Posting any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way;
• Copying, modifying, creating a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;
• Removing or obscuring the copyright notice or other notices displayed in connection with the content accessible through the Site or Services;
• Interfering with or disrupting the Site functionalities, Services, or servers and networks connected to Site, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site;
• Modifying the Site or Services in any manner or form, or use modified versions of the Site or Services, including (without limitation) for the purpose of obtaining unauthorized access to the Site or Services;
• Reproducing, printing, caching, storing, or distributing content retrieved from the Site or Services in any way not authorized by this TOU or for any commercial use without the prior written permission of Brooklyn Born Group;
• Selling, assigning, sublicensing, or otherwise transferring any right in the Services or content accessible through the Site;
• Accessing the Site or Services by any means other than through the interface that is provided by Brooklyn Born Group;
• Using the Site or Services to violate any law (whether local, state, national, or international), whether or not intentionally;
• Impersonating any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• Manipulating identifiers in order to disguise the origin of any question, answer or comment you post on the Site;
• Engaging in "screen scraping," "database scraping,"; and/or
• Facilitating violations of this TOU or the Privacy Policy.

Privacy

This Site may collect personal information from some Users. Please review our Privacy Policy to understand what information we collect and store, how that information is used, how we may share that information, and your rights in connection with your personal information. The Privacy Policy is incorporated by reference and made a part of this this TOU.

Communications

When you visit our Site, use any of our Services, or send us an email, you expressly indicate your consent to electronically receive any and all communications, notices, and our disclosures that we may provide in connection with your use of the Site and/or Services, including, without limitation, e-mail, in-app, and in-website chat communications. All agreements, notices and communications that we provide to you by email will satisfy all legal requirements that they be in writing and delivered to you. Brooklyn Born Group will have the right to disclose any email sent by a User, or any objectionable material, to comply with legal process or to protect the rights or property of Brooklyn Born Group, its customers, suppliers and Users. Any such notices may also include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. Consistent with federal CAN-SPAM laws, if you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email, excepting that we may still send you administrative and transactional notices, including, without limitation, information about your Account, confirmation of your registration for Courses, information about your progress, or other services that may be necessary to provide you with any one of the Services.

If you provide your telephone number to us when you register for an Account or use other Brooklyn Born Group Services on the Site. If you provide a telephone number, you expressly consent to receive autodialed or prerecorded calls and text messages from Brooklyn Born Group at that number. If a telephone number is a mobile telephone number, you hereby consent to receive SMS or text messages at that number. We may place such calls or texts to (i) notify Account and any use thereof; (ii) provide you with services associated with the Online Courses, Webinars, etc.; (iii) troubleshoot problems with your Account (iv) resolve disputes; (v) contact you with offers and promotions; or (vii) as otherwise necessary to service your account or enforce these Terms of Use, our policies, applicable law, or any other agreement we may have with you. We won’t share your phone number with third parties for their purposes without your consent. We may share your phone numbers with our Affiliates or with our service providers, such as customer support, billing or collections companies, who we have contracted with to assist us in pursuing our rights or performing our obligations under these TOU, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. Standard telephone minute and text charges may apply.

You understand and consent that we may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Feedback

We welcome all feedback, ideas, inventions, materials, and suggestions (“Feedback”) from our Users regarding our Services. You understand and agree that Brooklyn Born Group does not waive any rights to use similar and/or related Feedback previously or contemporaneously known to it, whether developed by its employees, contractors, obtained from other sources, or submitted by other Users. Further, by submitting any Feedback, you grant us the right to use the Feedback without any restrictions on the use of such Feedback or any compensation to you.

Proprietary Rights

https://brooklynborngroup.thinkific.com/ and its content are protected by copyright, trademark and other proprietary laws. See our Copyright Notice.

DISCLAIMER OF WARRANTIES

THE SITE AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BROOKLYN BORN GROUP MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE. BROOKLYN BORN GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS WEBSITE AND ITS SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE.

EXCLUSION OF CONSEQUENTIAL DAMAGES

IN NO EVENT WILL BROOKLYN BORN GROUP BE LIABLE FOR ANY INCIDENTAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY OF ITS SERVICES OR CONTENT, OR LOSS OF DATA, EVEN IF BROOKLYN BORN GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.

EXCLUSION OF LIMITATIONS AND DISCLAIMERS

BECAUSE SOME JURISDICTIONS, SUCH AS NEW JERSEY, RESTRICT ORDO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS BROOKLYN BORN GROUP'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

General

This TOU, and any applicable TOS, constitute the entire agreement between each User and Brooklyn Born Group governing the User's access to and use of the Site and its Services, and supersede all prior agreements regarding its subject matter. The TOU shall be governed by the laws of the State of New York without giving effect to any principles of conflicts of laws. Each User hereby attorns and agrees to the non-exclusive jurisdiction of the courts of the New York, New York. The failure by a User or Brooklyn Born Group to exercise any right or to enforce any provision of this TOU shall not constitute a waiver of such right or provision. If any provision of this TOU is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of this TOU will remain in full force and effect. It is the express will of Brooklyn Born Group and each User that this TOU and any applicable TOS have been prepared in English.

Brooklyn Born Group, LLC

90 State Street, STE 700, Office 40

Albany, NY 12207