TERMS AND CONDITIONS
TERMS AND CONDITIONS
Last updated May 29, 2025
AGREEMENT TO OUR LEGAL TERMS
We are Braver Behavior, LLC ("Company," "we," "us," "our"), a company registered in Michigan, United States, located at 5356 W Mt Morris Rd, Mt Morris, MI 48458.
We operate the website http://www.braverbehavior.com (the "Site"), as well as any related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
Contact Information:
You can contact us by phone at +1 810-605-7386, email at [email protected], or by mail at 5356 W Mt Morris Rd, Mt Morris, MI 48458, United States.
Acceptance of Terms:
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Braver Behavior, LLC, concerning your access to and use of the Services. By accessing the Services, you agree that you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
Changes to Terms:
We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. Any changes will be posted by updating the "Last updated" date of these Legal Terms, and your continued use of the Services will be deemed acceptance of such changes. It is your responsibility to periodically review these Legal Terms to stay informed of updates. By continuing to use the Services after such updates, you acknowledge and accept the revised terms.
Age Requirement:
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
Printed Copy:
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or where it would subject Braver Behavior LLC to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so at their own risk and are solely responsible for ensuring compliance with local laws, if applicable.
The Services are not tailored to comply with industry-specific regulations (such as the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). If your interactions would be subjected to such laws, you may not use the Services. You may also not use the Services in a manner that violates the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
Braver Behavior LLC owns or holds the licenses for all intellectual property rights in the Services, including, but not limited to, source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and trademarks ("Content"). These rights are protected by copyright, trademark, and various other intellectual property and unfair competition laws both in the United States and internationally.
The Content is made available to you solely for your personal, non-commercial use, "as is."
Your Use of Our Services
Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes. You are permitted to download or print portions of the Content for your personal use.
Restrictions on Use
Except as expressly permitted in this section, you may not copy, reproduce, modify, republish, upload, post, publicly display, transmit, distribute, sell, license, or otherwise exploit any part of the Services or the Content for any commercial purpose without prior written consent from Braver Behavior LLC.
If you would like to make any use of the Services, Content, or Marks other than as permitted, please contact us at [email protected]. If we grant you permission to use any part of the Services or Content, you must credit Braver Behavior LLC as the owner or licensor of the intellectual property, and all applicable copyright or proprietary
notices must appear.
We reserve all rights not expressly granted in these Legal Terms concerning the Services, Content, and Marks.
Breach of Intellectual Property Rights
Any breach of our intellectual property rights will constitute a material breach of these Legal Terms, and your right to use the Services will be immediately terminated.
Your Submissions and Contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully before using our Services to understand (a) the rights you grant us and (b) your obligations when you post or upload any content through the Services.
Submissions:
By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you grant us all intellectual property rights in such Submission. You agree that we shall own the Submission and have the right to its unrestricted use and dissemination for any lawful purpose, including commercial purposes, without acknowledgment or compensation to you.
Contributions:
The Services may invite you to participate in blogs, message boards, online forums, or other functionality where you can create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services. These may include, but are not limited to, text, writings, video, audio, photographs, music, graphics, comments, reviews, ratings, suggestions, personal information, or other materials ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services.
License Grant for Contributions:
By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, including commercial, advertising, or otherwise. You also grant us the right to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and commercial images you provide.
Responsibility for Your Contributions:
By sending us Submissions and/or posting Contributions through any part of the Services or by linking your account to any of your social networking accounts, you confirm that:
You have read and agree to our "PROHIBITED ACTIVITIES" section and will not post, send, publish, upload, or transmit through the Services any Submission or Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading;
To the extent permissible by law, you waive any and all moral rights to your Submission and/or Contributions;
You warrant that your Submissions and/or Contributions are original to you or that you have the necessary rights and licenses to submit such content and have full authority to grant us the rights outlined above;
Your Submissions and/or Contributions do not contain confidential information.
Account Suspension for Violations:
You are solely responsible for your Submissions and Contributions. You agree to reimburse us for any losses we may incur due to your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Contributions: Although we are not required to monitor Contributions, we reserve the right to remove or edit any Contributions at any time without notice if we believe such Contributions are harmful or in breach of these Legal Terms. If we remove or edit any Contributions, we may also suspend or disable your account and report you to the authorities if necessary.
Copyright Infringement:
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon your copyright, please refer to our "Digital Millennium Copyright Act (DMCA) Notice and Policy" below.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(1) You have the legal capacity and you agree to comply with these Legal Terms;
(2) You are not a minor in the jurisdiction in which you reside (users must be at least 18 years old to use our Services);
(3) You will not access the Services through automated or non-human means, such as bots, scripts, or otherwise;
(4) You will not use the Services for any illegal or unauthorized purpose;
(5) Your use of the Services will not violate any applicable law or regulation, including those related to A2P messaging compliance.
If you provide any information that is untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of the Services (or any part of the Services).
4. PURCHASES AND PAYMENT
We accept the following forms of payment:
-Visa
-Mastercard
-American Express
-Discover
-PayPal
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You also agree to promptly update your account and payment details, such as email address, payment method, and payment card expiration date, to facilitate the completion of transactions and enable us to contact you as needed. Sales tax will be added to the price of purchases as required by applicable laws. We reserve the right to change prices at any time. All payments shall be made in U.S. dollars.
You agree to pay all applicable charges at the prevailing prices for your purchases and any relevant shipping fees. You authorize us to charge your chosen payment provider for any amounts upon placing your order. We reserve the right to correct any pricing errors, even if we have already requested or received payment.
We also reserve the right to refuse any order placed through the Services. At our discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by the same customer account, payment method, or billing/shipping address. We reserve the right to limit or prohibit orders that, in our judgment, appear to have been placed by dealers, resellers, or distributors.
5. SALES POLICY
All sales are final, and no refunds will be issued. By making a purchase, you acknowledge and agree to these terms. No returns or refunds will be processed unless explicitly outlined in separate service agreements.
6. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Braver Behavior LLC.
As a user of the Services, you agree not to:
-Systematically retrieve data or content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
-Trick, defraud, or mislead Braver Behavior LLC or other users, especially in an attempt to obtain sensitive account information, such as user passwords.
-Circumvent, disable, or otherwise interfere with security-related features of the Services, including those that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or Content.
-Disparage, tarnish, or harm the reputation of Braver Behavior LLC and/or the Services.
-Use any information obtained from the Services to harass, abuse, or harm another person.
-Make improper use of our support services or submit false reports of abuse or misconduct.
-Use the Services in a manner inconsistent with applicable laws and regulations, including A2P compliance regulations for messaging.
-Engage in unauthorized framing of, or linking to, the Services.
-Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other harmful material, including spamming (continuous posting of repetitive text), that interferes with the use or enjoyment of the Services, modifies, impairs, disrupts, alters, or interferes with the Services.
-Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data-gathering and extraction tools.
-Delete copyright or other proprietary rights notices from any Content.
-Attempt to impersonate another user or person or use the username of another user.
-Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms").
-Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
-Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services.
-Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services or any part of it.
-Copy or adapt the Services' software, including Flash, PHP, HTML, JavaScript, or other code.
-Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any software comprising the Services.
-Except for standard search engine or browser usage, use or distribute automated systems, such as spiders, robots, scrapers, or offline readers, to access the Services, or use unauthorized scripts or software.
-Use a buying or purchasing agent to make purchases on the Services.
-Make unauthorized use of the Services, including collecting usernames and/or email addresses of users for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
-Use the Services to compete with Braver Behavior LLC or for any revenue-generating endeavor or commercial enterprise, unless explicitly approved by us.
-Use the Services to advertise or offer to sell goods and services without prior approval from Braver Behavior LLC.
Sell or otherwise transfer your profile.
7. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionalities, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
-The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
-You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
-You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each such identifiable individual to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
-Your Contributions are not false, inaccurate, or misleading.
-Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
-Your Contributions do not contain harmful, harassing, defamatory, obscene, or illegal content as determined by Braver Behavior LLC.
-Your Contributions do not ridicule, mock, disparage, intimidate, or abuse any person or group.
-Your Contributions do not promote violence, discrimination, or illegal activities against specific persons, groups, or communities.
-Your Contributions comply with all applicable laws, regulations, and rules, including those related to A2P messaging, and do not violate the privacy or publicity rights of any third party.
-Your Contributions do not include offensive comments related to race, national origin, gender, sexual orientation, physical disability, or other protected categories.
-Your Contributions do not violate any laws regarding child pornography or otherwise violate laws intended to protect minors.
-Your Contributions do not link to material that violates these Legal Terms or applicable laws or regulations.
Any use of the Services that violates the foregoing may result in the termination or suspension of your right to use the Services.
8. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, Braver Behavior LLC an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any lawful purpose, including commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes Braver Behavior LLC's use of your name, company name, and franchise name (as applicable), as well as any trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
Ownership of Contributions:
Braver Behavior LLC does not assert ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. Braver Behavior LLC is not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to indemnify and hold Braver Behavior LLC harmless from any and all responsibility or liability related to your Contributions.
Editing and Removal of Contributions:
Braver Behavior LLC reserves the right, in its sole and absolute discretion, to:
(1) Edit, redact, or otherwise change any Contributions;
(2) Re-categorize any Contributions to place them in more appropriate locations on the Services;
(3) Pre-screen or delete any Contributions at any time, without notice, for any reason, and for compliance with A2P messaging regulations. Braver Behavior LLC has no obligation to monitor your Contributions.
9. GUIDELINES FOR REVIEWS
We may provide areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(1) You should have firsthand experience with the person/entity being reviewed;
(2) Your reviews should not contain offensive profanity, or abusive, discriminatory, or hateful language;
(3) Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(4) Your reviews should not reference illegal activities;
(5) You may not post any false or misleading statements.
We may accept, reject, or remove reviews at our sole discretion. We have no obligation to screen or delete reviews, even if some reviews are considered objectionable or inaccurate. Reviews are not endorsed by Braver Behavior LLC, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.
By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content related to your review.
10. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
(1) Monitor the Services for violations of these Legal Terms, including ensuring compliance with applicable A2P messaging regulations;
(2) Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such users to law enforcement authorities if necessary;
(3) In our sole discretion, refuse or restrict access to the Services, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions, messages, or any portion thereof;
(4) In our sole discretion, without notice or liability, remove or disable any content, files, or data that is excessive in size, burdensome to our systems, or otherwise violates A2P messaging standards;
(5) Manage the Services in a manner designed to protect our rights and property, comply with A2P messaging rules, and ensure the proper functioning of the Services.
11. PRIVACY POLICY
We value your privacy and the security of your data. By using the Services, you agree to be bound by our https://braverbehavior.com/policy-513220 , which is posted on the Services and is incorporated into these Legal Terms. Please be advised that the Services are hosted in the United States.
If you access the Services from outside the United States, which may have laws governing personal data collection, use, or disclosure that differ from U.S. laws, you acknowledge that by continuing to use the Services, you are transferring your data to the United States. You expressly consent to your data being transferred to, processed, and stored in the United States in accordance with this Privacy Policy.
As part of the A2P compliance, we may collect, store, and process personal data in connection with your usage of the Services for the purpose of delivering messages and ensuring compliance with regulatory requirements, including message frequency and opt-in/opt-out requests. For detailed information on how we handle your data, please refer to our full Privacy Policy: https://braverbehavior.com/policy-513220.
12. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
Braver Behavior LLC respects the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon a copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please note that under federal law, you may be held liable for damages if you make material misrepresentations in a Notification. If you're uncertain whether the material infringes your copyright, it’s advisable to consult an attorney.
All Notifications should meet the requirements of the DMCA 17 U.S.C. § 512(c)(3) and include the following information:
1.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2.Identification of the copyrighted work claimed to be infringed, or if multiple copyrighted works on the Services are covered by the Notification, a representative list of such works;
3.Identification of the material claimed to be infringing and information sufficient to locate the material (e.g., URL);
4.Information reasonably sufficient to contact the complaining party, such as an address, phone number, and email address;
5.A statement that the complaining party has a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
6.A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Counter Notification
If you believe that your own copyrighted material was removed from the Services by mistake or misidentification, you may submit a written Counter Notification to our Designated Copyright Agent using the contact details below. For the Counter Notification to be effective under the DMCA, it must include the following:
1.Identification of the material that was removed and the location where it appeared before removal;
2.A statement consenting to the jurisdiction of the Federal District Court where your address is located, or for any district where Braver Behavior LLC operates;
3.A statement that you will accept service of process from the party who filed the Notification;
Your name, address, phone number;
4.A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification;
5.Your physical or electronic signature.
If we receive a valid Counter Notification, we will restore your material unless we first receive notice that the party who filed the original Notification has filed a court action to restrain you from using the material.
Designated Copyright Agent
Lindsey Cook
Attn: Copyright Agent
5356 W Mt Morris Rd
Mt Morris, MI
[email protected]
[email protected]
13. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason, including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or any applicable law or regulation. We may terminate or suspend your use or participation in the Services or delete any content or information you posted at any time, in our sole discretion, without warning, and in compliance with all relevant regulations.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a false or borrowed name, or the name of any third party, even if you are acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress in compliance with A2P regulations.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion, without prior notice. However, we are not obligated to update any information on the Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other technical issues or need to perform maintenance related to the Services, which may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason, without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime, maintenance, or discontinuance of the Services. Nothing in these Legal Terms obligates us to maintain, support, or provide updates, fixes, or corrections to the Services.
15. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles. The jurisdiction for any disputes related to these Legal Terms shall be governed by the applicable laws of the United States, and any legal action arising out of these terms will be subject to the applicable regulations for A2P messaging compliance.
16. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to resolve any Dispute (except those expressly excluded below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, if applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). Arbitration fees and arbitrator compensation will be governed by the AAA Consumer Rules, and where applicable, limited by these rules. If these costs are deemed excessive by the arbitrator, we will cover the arbitration fees and expenses. The arbitration may be conducted in person, via document submission, by phone, or online. The arbitrator will provide a written decision, but need not provide a detailed explanation unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Venue for Arbitration or Court Proceedings
If for any reason a Dispute proceeds in court rather than arbitration, the Dispute will be filed in the state and federal courts located in [Insert appropriate jurisdiction, e.g., Wayne County, Michigan]. Both Parties agree to submit to the personal jurisdiction of these courts and waive any defenses regarding lack of jurisdiction or improper venue.
Exceptions to Arbitration
The following types of Disputes are not subject to binding arbitration:
(a) Disputes seeking to enforce or protect, or concerning the validity of, intellectual property rights;
(b) Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) Any claims for injunctive relief.
Time Limits for Disputes
No Dispute may be brought more than one (1) year after the cause of action arises.
Class Action and Representative Claims
To the fullest extent permitted by law:
(a) No arbitration will be joined with any other proceeding;
(b) No right or authority exists for any Dispute to be arbitrated on a class-action basis or to use class action procedures;
(c) No right or authority exists for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
17. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other related details. We reserve the right to correct any errors, inaccuracies, or omissions and to update or change the information on the Services at any time, without prior notice.
18. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING:
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.
1. PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES.
2. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN.
3.ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES.
4.ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY.
5.ANY ERRORS OR OMISSIONS IN CONTENT AND MATERIALS, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Carrier Liability Disclaimer:
"Carriers are not liable for delayed or undelivered messages. While we strive to ensure message delivery, certain factors such as network congestion, device settings, or other technical issues may affect message delivery. If you experience issues, please contact customer support for assistance."
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO A2P MESSAGING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SPECIFIC SERVICE THAT DIRECTLY CAUSED THE DAMAGES.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Braver Behavior LLC, including its subsidiaries, affiliates, and all of its officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) Your Contributions;
(2) Use of the Services;
(3) Breach of these Legal Terms;
(4) Any breach of your representations and warranties as outlined in these Legal Terms;
(5) Your violation of any third party's rights, including but not limited to intellectual property rights; or
(6) Any harmful or unlawful behavior directed toward other users of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate, at your expense, with our defense of such claims. We will make reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.
21. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services and for providing messaging services in compliance with A2P regulations. This includes data related to your use of the Services, such as your opt-in preferences, message frequency, and interactions with our messaging programs.
While we regularly back up data, you are solely responsible for any data you transmit or that relates to your activities using the Services. You acknowledge that, in accordance with A2P guidelines, we may store and use this data for purposes such as SMS delivery, compliance verification, and message logs.
You agree that we shall not be liable for any loss, corruption, or unauthorized access to your data, and you waive any right of action against us related to such incidents. We implement reasonable safeguards to protect your data, but it is your responsibility to ensure that your own system's security measures are sufficient.
You consent to the use of your data for the management and optimization of our Services and messaging programs, in compliance with applicable laws and regulations, including A2P messaging guidelines.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By visiting the Services, sending us SMS or email messages, and completing online forms, you agree that these actions constitute electronic communications. You consent to receive electronic communications from us, including notifications, service updates, marketing messages, and responses. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically (via email, SMS, or the Services) satisfy any legal requirement that such communication be in writing.
You agree to receive SMS messages as part of your use of the Services. These messages may include updates, service-related information, and marketing communications, which you can opt-out of at any time by replying "STOP."
You agree to the use of electronic signatures for contracts, orders, and other records related to your transactions initiated or completed by us or through the Services. You consent to the electronic delivery of notices, policies, and records of transactions initiated or completed through the Services.
You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery/retention of non-electronic records for payments or the granting of credits by any means other than electronic means.
Opt-out and Assistance: You may opt out of receiving SMS messages at any time by replying "STOP" to any SMS message we send you. If you experience issues, reply with "HELP" or contact our support team at [email protected] or call at +1 810-605-7386.
23. SMS TEXT MESSAGING
Program Description
By opting into any SMS text messaging program provided by Braver Behavior LLC, you expressly consent to receive text messages (SMS) to your mobile number. These messages may include: marketing communications, special offers, appointment reminders, and responses to inquiries.
Opting Out
You can opt out of receiving SMS messages at any time. Simply reply with the word "STOP" to the text message you received. After you send the "STOP" message, we will send you a confirmation SMS, informing you that you have been unsubscribed. Once you have unsubscribed, you will no longer receive SMS messages from us. If you wish to receive messages again, you can opt back in by signing up as you did initially.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent to you from us or received by us. These rates are determined by your mobile carrier and the terms of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications, you can reply with the keyword "HELP" for further assistance, or contact us directly at [email protected] or call at +1 810-605-7386.
24. CALIFORNIA USERS AND RESIDENTS
If you are a California resident and have a complaint that is not satisfactorily resolved through our customer service channels, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
25. MISCELLANEOUS
These Legal Terms, along with any policies or operating rules posted by Braver Behavior LLC on the Services or in respect to the Services, constitute the entire agreement and understanding between you and Braver Behavior LLC. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law.
Braver Behavior LLC may assign any or all of its rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and Braver Behavior LLC as a result of these Legal Terms or the use of the Services.
A2P Messaging Compliance:
You agree that these Legal Terms will not be construed against Braver Behavior LLC by virtue of having drafted them. By using the Services, you acknowledge that all A2P messaging-related actions must comply with applicable regulations, including proper opt-in and opt-out methods, message frequency limits, and any other relevant compliance standards.
You waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of a physical signature to execute these Legal Terms.
26. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Braver Behavior, LLC
5356 W Mt Morris Rd
Mt Morris, MI 48458
United States
Phone: +1 810-605-7386
[email protected]
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