BRAINSTATION INC. (“BRAINSTATION”)

STANDARD TERMS AND CONDITIONS

I. Acceptance of these Terms is a Condition of Your Participation in BrainStation Services and Courses

Please read these Terms and Conditions (“Terms”) carefully before you use or participate in any BrainStation services, training, courses, events, and on-line data and content for individuals or enterprise (“BrainStation Services”). These Terms include BrainStation’s Privacy Policy, which are incorporated into these Terms. These Terms are a binding agreement between you and BrainStation Inc. and its affiliates and subsidiaries (“BrainStation,” “we,” “us”). “You” and “users” shall mean users and participants in BrainStation Services. You accept and affirm these Terms each time you use or access any BrainStation Service. If you do not accept these Terms, you must not and are not authorized to use or participate in any BrainStation Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the BrainStation Service. These Terms also apply to (i) course instructors who use or access any part of the BrainStation Services as part of providing services as an instructor, and (ii) corporate and enterprise clients of BrainStation Services and the individual participants in such programs and such corporate client agrees to procure and assume responsibility and risk for compliance of its authorized individual participants.

This is a Binding Agreement. These Terms are a binding agreement between you and BrainStation and its affiliates and subsidiaries (“BrainStation,” “we,” “us”). “You” and “users” shall mean all participants in and users of to BrainStation Services. You accept these Terms each time you access or use any BrainStation Services. If you do not accept these Terms, you are not lawfully permitted to use the BrainStation Services. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use BrainStation Services. Some programs may be subject to regulatory requirements in some jurisdictions. These Terms and the Brainstation entity delivering the program with which you contract for it may be varied accordingly based on any applicable local regulations, details of which will be provided to you during the registration process.

Updates and Revisions to Terms. We may revise these Terms by posting an updated version. You should visit this page every now and then to review the most current Terms, because you continue to be bound by them. Your continued use of the BrainStation Services after a change to these Terms affirms your continued binding acceptance of the Terms.

BrainStation Community Guidelines. BrainStation Community Guidelines are posted at brainstation.io/community-guidelines. These Terms incorporate the BrainStation Community Guidelines which form an integral part of these Terms and your participation in BrianStation Services is conditional upon your compliance with BrainStation Community Guidelines.

Children. No BrainStation Services are directed to persons under the age of 13. Children under 13 are prohibited from participating in BrainStation Services.

BrainStation Services include the website brainstation.io and any associated software, data, content, applications, and Internet or digital services under BrainStation’s control used in connection with providing BrainStation Services, including any online platform, directory or cloud-based tools to enable you to view or use data or content online and through devices about classes, courses, workshops, tutorials, and any other programs and events offered by BrainStation (collectively included within the definition of BrainStation Services).

Sexual Misconduct.In accordance with regulatory requirements, BrainStation requires our workplaces, campuses, and communities to address sexual misconduct, violence and harassment. Click here to read BrainStation's Sexual Misconduct Policy.

We do not offer a certificate or any other form of accreditation for completing one of our courses. We stand behind the quality of our product and want all of our students to leave happy and empowered. In the case that things don't work out, here are some things you should know:

Tuition Deposit. Upon acceptance into a BrainStation program, we require payment of a non-refundable deposit to secure your place in the class. The deposit is $500 + tax.

Financing Options. After paying your deposit you have two options when paying the remainder of your tuition:

  1. Pay in Full: the remainder of your tuition balance is due in full 30 days prior to the start date of the term.
  2. Financing: the remainder of your tuition balance is due in 3 instalments; the first due 30 days prior to the start date of the term, the 2nd due on the first day of the term, and the 3rd due 30 days after the start date of the term.
    1. For part-time courses there is a fee of $100+tax for the financing option, and for full-time courses there is a fee of $300+tax.

Refunds. Sometimes things come up, we get it. We have created a simple refund policy for our courses:

  1. The initial registration deposit of $500 + tax is always non-refundable, this holds your spot in the course.
  2. If you request a refund before the third week commences, you will be refunded all but one-third of your tuition (not including the course deposit).
Refund requests made after the third week commences unfortunately cannot be accommodated.

This refund policy may vary by program and jurisdiction. You will be advised of the specific refund policy that will apply to your program.

Information, Data, and Content Given to instructors. Your course instructors may ask for information, such as your email address to help facilitate delivery of BrainStation Services. instructors should only use this information to communicate with you about our Services in a professional and responsible way. You agree that we are not responsible for any use of this information by an instructor for any other purpose and you will report any improper use of such information immediately to us at [email protected]. Any other material you give to your instructor such as course submissions, feedback, ideas, or content you create can be used by BrainStation in order to promote or improve our Services and you grant us a free unlimited license to that content for those purposes along with your name, picture and likeness.

Quality of Instruction. While we try to maintain a high standard of Services and instruction, we make no representation or warranty of any type regarding the quality or nature of our instructors, courses, or Services.

Fees. Except as provided in these Terms, all fees are non-refundable, provided the corresponding Service or Course is offered. We may, in our sole discretion, refund fees for reasons of personal hardship. You authorize us to use third party payment processors to process your fee payments. Disputed charges must be disputed in writing within thirty days of the charge. Our fees are charged in the indicated currency in the corresponding course or Service description.

Electronic Communications. You consent to BrainStation communicating with you by e-mail or web or Internet posting and receive e-mails and other electronic communications from us to communicate about our Services.

Ownership and Use of BrainStation Content. BrainStation or its suppliers own all that we create or make available to you as part of our Services. You have a limited license and right to use such content only for your own personal use and only in association with using our Services. BrainStation Services include content such as the following: images, design and branding features, text, video, images, logos, templates software and software code, data, audio and video files and other such content in digital and other formats, which is made available on our web site, in our course materials, and on the Internet and is collectively referred to as BrainStation Content. All BrainStation Content is in its components and as a compilation the copyright property of BrainStation and is protected under applicable copyright, trade-mark and other laws.

You Are Granted a Very Limited License to Use BrainStation Content, For Personal Use Only. Provided you are enrolled and registered in BrainStation Services and have paid the corresponding fees, you are authorized, strictly subject to these Terms and Conditions access and use BrainStation Services and BrainStation Content for the limited purpose of using BrainStation Services, at our discretion. This right is personal to you and not transferable. Any and all other uses are unlawful and prohibited. This license may be withdrawn or revoked at any time for any reason or no reason. Unauthorized use of the BrainStation Content is a violation of copyright, trademark and other laws. You must maintain all copyright, trademarks, service marks, or other proprietary notices contained in or on BrainStation Content provided to you under this limited license.

BrainStation Content cannot be copied, reproduced, hosted, conveyed, communicated, republished, uploaded, posted, transmitted, or distributed in any way by you without written permission of BrainStation or the applicable licensor or supplier as the case may be. Where BrainStation Content is made available to you to copy or download, such as part of course materials, you are authorized to download a single copy of that material for your personal use only in association with the applicable BrainStation Service. BrainStation Content that is not made available for download may not be downloaded or copied by you without prior written permission. Modification, distribution or use of BrainStation Content for any other purpose, including any commercial purpose is not authorized and is a violation of the copyrights and other proprietary rights of BrainStation or its licensors. For example you are prohibited from sharing all or part of BrainStation Course material on social media, the Internet, YouTube or similar such sites and services.

BrainStation Trade and Service Marks. BrainStation, the BrainStation logo, and other BrainStation logos and product and service names are or may be trademarks of BrainStation (the “BrainStation Marks”). You cannot use or display the BrainStation Marks without our advance written approval.

BrainStation’s Use of Your User Content and Student or Participant Work. By creating, posting, or sharing Your user content, including student work, on the applicable BrainStation Service, you grant BrainStation a perpetual, transferrable, world-wide, non-exclusive, royalty-free license to use, modify, remove, publish, transmit, or display your user content and Student Work for any purpose without compensation to you, including for the purpose of promoting BrainStation. You waive any rights you may have regarding your user content and student work being altered or manipulated in any way that may be objectionable to you. We reserve the right to refuse to accept, post, display, or transmit any user content in our sole discretion. The foregoing is subject to any applicable privacy laws, regulations, and policies.

If you are an instructor, the license granted above is also applicable to any content you create for the purpose of your Course (such as course materials, slides, examples, charts, diagrams, work-sheets, templates, and so on) that you post or use in association with providing your services as an instructor.

You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, through use of the BrainStation Service, any right, title, or interest (including intellectual property rights) in content including BrainStation Content delivered via the BrainStation Service.

You Represent You Have Rights to the Content You Post. You represent and warrant to BrainStation that: (i) you own or are authorized to use the content posted by you on or through the BrainStation Services; (ii) the posting and use of Your User Content on or through the BrainStation Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on BrainStation Services does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting Your User Content on the BrainStation Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.

BrainStation Services contains content from users and other BrainStation licensors. Except as provided within these Terms, you may not copy, modify, communicate, host, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the BrainStation Services including BrainStation Content.

Suggestions and Submissions. We appreciate your comments, feedback and input. However, if you send us ideas or content, we can use it without compensating you and by submitting such content you grant us the unrestricted right to use such content for any purpose or use, including commercial uses, without compensation to you.

User Content Disclaimers, Limitations, and Prohibitions. You are responsible for your actions when using and relying on the BrainStation Services or BrainStation Content.

BrainStation does not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users or BrainStation Content. You accept that any reliance on such material is at your own risk. By using BrainStation Services you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.

You are solely responsible for your User Content on BrainStation Services. BrainStation does not endorse any, nor is it responsible for, User Content on the BrainStation Services. You assume all risks associated with your user content, including any party’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, your user content contains material that is false, intentionally misleading, or defamatory, violates third-party rights, or contains material that is unlawful or advocates the violation of any law or regulation.

You agree to use the BrainStation Services and Content only for their intended purpose. You must use the BrainStation Services and Content in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of BrainStation Services and Content are prohibited. You shall not:

  1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the BrainStation Services, user accounts, or the technology and equipment supporting the BrainStation Services, or BrainStation Content;
  2. frame or link to the BrainStation Services without permission;
  3. use data mining, robots, or other data gathering devices on or through BrainStation Services;
  4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
  5. disclose personal information about another person or harass, abuse, or post objectionable material;
  6. sell, transfer, or assign any of your rights to use BrainStation Services or Content to a third party without our express written consent;
  7. post advertising or marketing links or content, except as specifically allowed by these Terms;
  8. use BrainStation Services after your account or access has been terminated, without our consent;
  9. use BrainStation Services in an illegal way or to commit an illegal act in relation to any part or that otherwise results in fines, penalties, and other liability to BrainStation or others or interferes with the proper use and enjoyment of BrainStation Services or Content;
  10. behave in any manner that violates BrainStation Community Guidelines or is illegal, disruptive, or interferes with the use and enjoyment of BrainStation Services by any other party or affects the security or well-being of any other user, IT system, data, or facilities; or
  11. For any other purposes or in any manner that would reasonably be considered unlawful, improper, or wrong.

Breach or Violation of These Terms will Result Legal Action and Suspension of your use of BrainStation Services or Content. We reserve the right in our sole discretion to suspend or terminate your account and access to BrainStation Services and facilities for any reason, at any time. We reserve the right to refuse to provide the BrainStation Services to you in the future.

BrainStation may review and remove any user content at any time for any reason, including activity which, in its sole judgment: violates these Terms and Conditions, does or might violate any applicable laws, rules, standards, or regulations, is abusive, disruptive, offensive or illegal, does or might violate the rights of, or harm or threaten the safety of anyone. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the BrainStation Services and will indemnify us and any affected user for any losses or damages incurred, including reasonable attorney’s fees.

BrainStation's Liability is Limited and We Can Change our Services At Any Time. We are not liable for the actions of our users when they use BrainStation Services. If we change BrainStation Services at any time we are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using BrainStation Services or Content or other websites. We may change, suspend, or discontinue any aspect of BrainStation Services at any time, including hours of operation or availability BrainStation Services or any feature, without notice or liability.

Publicity. You consent to the use of your name, image, and likeness by BrainStation for marketing and promotional purposes associated with BrainStation Services in any format without any compensation or consideration. If you are an enterprise or corporate client of BrainStation, the foregoing shall include use of your corporate name, logo, or trademark and use of any individual participant’s name, image or likeness unless we are notified otherwise in advance of your use of the BrainStation Services.

BrainStation Content Accuracy and Reliability, Third Party Web Sites. We make no representations about accuracy, reliability, completeness, or timeliness of BrainStation Services or Content. We make no representations about the accuracy, reliability, completeness, or timeliness of any service or data from any third-party service provider or the quality or nature of third-party products or services that may be obtained, accessed or recommended through BrainStation Services. Use BrainStation Services at your own risk. BrainStation Services may include links to third party websites, services and applications and you are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. We make no promises and disclaim any liability of specific results or benefits from the use of BrainStation Services.

Released Parties Defined. “Released Parties” include BrainStation and its owners, affiliates, officers, directors, employees, agents, contractors, service providers, partners, instructors, and licensors.

BRAINSTATION DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF BRAINSTATION SERVICES IS AT YOUR SOLE RISK, AND BRAINSTATION SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY OR THROUGH BRAINSTATION SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, SAFETY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (I) BRAINSTATION SERVICES WILL MEET YOUR REQUIREMENTS, (II) BRAINSTATION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BRAINSTATION SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE THROUGH BRAINSTATION SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN BRAINSTATION SERVICES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BRAINSTATION SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY AND INDEMNIFICATION

BrainStation and its owners, suppliers and instructors are not liable for anything that happens to you that may be connected to your use of BrainStation Services. You may be responsible for our legal fees and costs arising out of your use of BrainStation Services or any breach by You of these Terms and Conditions.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR THOSE AUTHORIZED BY YOU TO USE BRAINSTATION SERVICES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BRAINSTATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE BRAINSTATION SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF BRAINSTATION SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON BRAINSTATION SERVICES; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO BRAINSTATION SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, BRAINSTATION AND ITS SUPPLIERS AND LICENSOR’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE BRAINSTATION SERVICE OR YOUR USE OF BRAINSTATION SERVICES OR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100 OR THE VALUE OF SERVICES ACTUALLY PAID FOR BY YOU RELATING TO THE CLAIM.

You agree to defend, indemnify, and hold harmless the BrainStation and its owners, officers, directors, affiliates, suppliers and licensors from and against any claims, actions, or demands from You or any third party, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of BrainStation Services, (ii) your use of or reliance on any third party or BrainStation Content, or (iii) your breach of these Terms.

General Terms. These Terms any corresponding Order documentation constitutes the entire agreement between you and BrainStation concerning your use of BrainStation Services. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

Law of Ontario, Waiver of Jury Trial or Class Action, Arbitration; Local Policies, Regulations or Laws. These Terms and Conditions and the legal and contractual relationship between you and BrainStation shall be exclusively governed by the laws of the Province of Ontario and the Federal and Provincial Courts sitting at Toronto, Ontario. You waive the right to any trial by jury in respect of any matters relating to this Agreement and You waive and forever surrender your right to participate in any class action lawsuit in any jurisdiction for any matter or claim relating to or arising from this Agreement or your use of the BrainStation Services. BrainStation may, upon written notice to you and in BrainStation’s sole discretion, elect to have any dispute arising from this Agreement resolved by mandatory individual private arbitration under the Arbitrations Act of Ontario, with the place of such arbitration to be at Toronto. In some cases these Terms or portions of them may vary by local policies, regulations or laws in which event You will be notified of such variations in writing.