PLEASE READ THIS AGREEMENT CAREFULLY WHICH CREATES A LEGAL AGREEMENT BETWEEN YOU (THE “END USER” OR “YOU”) AND BRIEFED.IN ("BRIEFED.IN"). THESE TERMS GOVERN YOUR USE OF THE SERVICES, SOFTWARE AND WEBSITE PROVIDED BY BRIEFED.IN (COLLECTIVELY, THE “SERVICES”). IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT USE THE SERVICES. IF YOU ACCESS OR USE THE SERVICES, YOU WILL BE ACCEPTING THIS AGREEMENT, AND YOU WILL HAVE ACCEPTED AND AGREED TO THESE TERMS AND CONDITIONS. IF YOU ARE AN AGENT OR EMPLOYEE OF ANOTHER ENTITY YOU REPRESENT AND WARRANT THAT (I) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY'S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER.
“End User” means any individual who uses any of the briefed.in resources or services.
The Data on briefed.in has been obtained from public sources, including betakit, and user submissions that are believed to be reliable but neither briefed.in nor any Third-Party providing such data guarantees the accuracy, completeness or timeliness of the Data. It is the Licensee’s or End User’s sole responsibility to verify the accuracy of any Data.
Any information or Content publicly posted or privately transmitted through the Service is the sole responsibility of the person or organization from whom such Content originated. You access all such information and Content at your own risk, we cannot guarantee the data displayed is correct and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Service.
You are responsible for all Content you contribute, in any manner, to the Service, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. Content includes, without limitation, personally identifiable information about you or any other person. You are responsible for all your activity in connection with the Service.
By using this service, you agree to not try to disrupt, hack or modify this service in any way.
Newsletter and Submissions
We collect your name and business email should you opt to sign up for our newsletter or if you submit a request to have a company or deal listed. We will not use that Data you provide for anything other than delivering the newsletter or confirming the request for a company or deal listing. Data that constitutes personally identifiable information may be subject to privacy laws or regulations.
You may share any charts, screenshots, infographics or reports, “items”, from briefed.in with others as long as you keep any references to briefed.in on the “items” shared.
Content and Data
Interactions with others
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services (if applicable), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties. You agree that briefed.in shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any Third-Party, you agree that briefed.in is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release briefed.in, its affiliates, and its and their directors, officers, agents, employees, partners, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Changes to the Service
We’re always trying to improve the Service, so it may change over time. We may suspend or discontinue any part of the Service, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Service. We’ll try to give you notice when we make a material change to the Service that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Service at any time, for any reason (including, but not limited to, if someone alleges that Content was contributed in violation of these Terms), in our sole discretion, and without notice.
We reserve the right to charge for certain parts or all of the Service. Certain aspects or uses of the Service may require you to pay fees, for example, in order to access certain content or be able to download or export data. You agree to pay all fees which apply to your use of the Service. briefed.in reserves the right to change any fees and pricing applicable to the Service at any time upon notice to you (which may be sent by email or posted on briefed.in’s website). Your use of the Service following such notification constitutes your acceptance of any new or increased fees.
Suspending, Terminating or Blocking Access to the Service
briefed.in is free to terminate, block access (or suspend access to) your use of the Service or your account, for any reason in our discretion, including your breach of these Terms. briefed.in has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
TO THE GREATEST EXTENT PERMITTED BY LAW, THE BRIEFED.IN SERVICE, SERVICE AND SUPPORT PROVIDED BY BRIEFED.IN HEREUNDER ARE PROVIDED ON AN "AS IS" BASIS AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT OR SERVICE PROVIDED UNDER THIS AGREEMENT OR IN CONNECTION WITH THIS AGREEMENT BY BRIEFED.IN. BRIEFED.IN DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BRIEFED.IN DOES NOT REPRESENT OR WARRANT THAT THE BRIEFED.IN SERVICE OR SERVICE SHALL MEET ANY OR ALL OF END USER'S PARTICULAR REQUIREMENTS, THAT THE BRIEFED.IN SERVICE WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS OR DEFECTS IN THE BRIEFED.IN SERVICE CAN BE FOUND OR CORRECTED.
Limitation of Liability
BRIEFED.IN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER SUCH PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SERVICE, EVEN IF BRIEFED.IN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BRIEFED.IN's AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE FEES PAID BY END USER FOR THE SOFTWARE IN THE THREE MONTHS LEADING UP TO AN EVENT THAT GAVE RISE TO LIABILITY.
You agree to indemnify and hold briefed.in and (as applicable) our affiliates, officers, directors, agents, and employees, harmless from any loss, damages, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, your violation of any law or the rights of a third party, or resulting from your actions as an Account Representative.
Reservation of Rights
Except for the rights and licenses granted in this Agreement, End User acknowledges and agrees that briefed.in owns and shall retain all right, title and interest (including without limitation all patent rights, copyrights, trademark rights, trade secret rights and all other intellectual property rights therein) in and to the briefed.in Service, including any and all modifications, derivatives, improvements and enhancements to the same, and Service and grants End User no further licenses of any kind hereunder, whether by implication, estoppel or otherwise.
All Third-Party names, logos, product and service names, designs, and slogans (collectively, “Third-Party Trademark(s)”) contained in the Service are the property of their respective owners. Third-Party Trademarks are used by briefed.in to refer to the owners of the Third-Party Trademark(s) in question and use by briefed.in is not intended to (and does not) constitute or imply any kind of relationship between briefed.in and the owners of the Third-Party Trademark(s) in question, including any affiliation, sponsorship, endorsement or approval of products and/or services, unless otherwise expressly indicated.
Safe Harbor Statement
Any statements made by briefed.in, oral or written, about new Service features or functionality are intended to outline briefed.in’s general product direction for information purposes only and are not a commitment to deliver any material, applications, or functionality, and should not be relied upon. The development, release, and timing of any features or functionality remains at briefed.in’s sole discretion.
Governing Law; Venue
This Agreement is governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein without reference to its conflict of laws principles. Any dispute or action between End User and Hockeystick arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada. The United Nations Conventions on Contracts for the International Sale of Goods and any legislation enacted for same do not apply.
Entire Agreement; Severability
This Agreement, including all terms incorporated by reference into it, constitutes the entire agreement between End User and Hockeystick and supersedes any other communications with respect to its subject matter. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will continue in full force and effect.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without briefed.in’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Any delay by a party in enforcing the provisions of this Agreement shall not be deemed to be a waiver of such party's rights and shall not prejudice such party's right to take subsequent action.