BRAINSTATION

Terms of Service

Acceptance of these Terms is a Condition of Your Participation in BrainStation Services and Programs. Please read these Terms of Service (the “Terms”) carefully before you create an account or use or participate in any BrainStation Services. “BrainStation Services” means the website located at brainstation.io and offerings described there from time to time, your BrainStation.io account, and any associated software, applications, services, programs, training, courses, events, data or content made available for free or for a fee under by BrainStation used in connection to them, including any related online platform, directory or cloud-based tools to enable you to view, use or participate in them.

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 BrainStation Services. You confirm your acceptance of 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 BrainStation Services, You must not use them and are not authorized to use or participate in BrainStation Services. These Terms and the Brainstation entity providing BrainStation Services to You may vary based on the BrainStation Services You are using and region and such details will be provided to you as applicable.

Revisions to Terms. We reserve the right, in our sole discretion, to revise these Terms at any time, in whole or in part, by posting an updated version. Changes to the Terms will be effective when posted. You agree to visit this page periodically to review the most current Terms. Your continued use of BrainStation Services or any part thereof after any changes to the Terms are posted constitutes your binding acceptance of the Terms and revisions or updates. If you object to any changes to the Terms your sole recourse will be to stop using BrainStation Services. Your continued use of BrainStation Services further constitutes your acknowledgment and acceptance of the Terms and any revisions to them.

Persons Under 18 Years of Age, Children under 13 May Not Use 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. No BrainStation Services are directed to persons under the age of 13. Children under 13 are prohibited from participating in BrainStation Services.

Privacy. The Terms include BrainStation’s Privacy Policy, which is incorporated by reference into the Terms. Information you provide us will be treated in accordance with the Privacy Policy.

Educators, Corporate and Enterprise clients. These Terms apply to (i) course educators who use or access any part of the BrainStation Services as part of providing services as an educator, and (ii) corporate and enterprise clients of BrainStation and their individual participants. If You are a corporate or enterprise client you agree to assume responsibility for and all risks of compliance with the Terms by your authorized and permitted individual participants. You agree that if you create an account and/or use BrainStation Services on behalf of a business entity such as a corporation You have the necessary legal authority and capacity to do so as an authorized agent of the business entity or corporation and you represent that You have the authority to bind the business entity or corporation in legal agreements and contracts including these Terms.

BrainStation Community Guidelines, Sexual Misconduct Policy. BrainStation Community Guidelines are posted at brainstation.io/community-guidelines. These Terms incorporate the BrainStation Community Guidelines. You agree to comply with those Guidelines at all times while participating in or using BrainStation Services. BrainStation requires our workplaces, campuses, and communities to address sexual misconduct, violence and harassment. BrainStation's Sexual Misconduct Policy is available at brainstation.io/sexual-misconduct-policy.

Fees, Tuition, Payments, Refunds, and Financing. Fees, tuition, payment terms, financing options, and currency may vary by BrainStation Services and region and may be revised or updated from time to time. You agree to pay for all BrainStation Services that you purchase. You agree and authorize BrainStation to charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments, which may include recurring payments. Only payment methods accepted by our third-party payment processor can be used to purchase BrainStation Services. Unless otherwise provided in writing, all fees and payments are non-refundable. Fees and payments are subject to any applicable sales, value-added, or other taxes. Charges will occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together. Disputed fees or charges must be disputed in writing within thirty days of the charge failing which your right to dispute such fee or charge is waived and such fee or charge will be final and not subject to dispute or challenge.

BrainStation Accounts, Passwords, Security. If you create an account with BrainStation, you are responsible for the security and confidentiality of your password and log in credentials and for keeping information contained in your account accurate and up to date, including payment methods. You are responsible for any activity that results from use of your password or log in credentials. You represent and warrant that all information provided by You to BrainStation will be true, accurate, current and complete and you further represent and warrant that you will keep this information up to date and accurate at all times. You will notify us immediately if you have any concern or belief that the security of your password or log-in credentials has been compromised or that there has been unauthorized access to your account. You agree and waive any claim against BrainStation for any loss or damage related to unauthorized access to your account or unauthorized use of your password or log in credentials.

Discounts and Refunds. Any discount is provided on a discretionary basis only and can be withdrawn at any time. Discounts and promotions for BrainStation Services cannot be combined. In the event that multiple discounts or promotions are valid, the discount or promotion with the greatest value will apply. All fees and charges are non-refundable except as agreed otherwise based on specific BrainStation Services. Full-time in-person courses or other BrainStation Services may be subject to different refund policies which will be communicated to You as part of the registration process.

Information, Data, and Content Given to Educators. Your course educators may ask for information, such as your e-mail address to help facilitate delivery of BrainStation Services. Educators should only use this information to communicate with you about BrainStation Services in a professional and responsible way. You agree that we are not responsible for any use of this information by an educator 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 educator such as course submissions, feedback, ideas, or content you create can be used by BrainStation in its sole discretion in order to promote or improve BrainStation Services or any other purpose and you grant us a free, perpetual, worldwide unlimited license to use that content for any purpose without attribution or compensation to you.

Ownership and Use of BrainStation Services and Content. BrainStation or its suppliers own all content, information and data that we create or make available to you as part of BrainStation Services. BrainStation Services and BrainStation Content include content such as the following: curriculum, work sheets, tests, project descriptions, slide decks and presentations, challenges, the content of our marketing materials and websites, 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 website, 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 property of BrainStation and is protected under applicable copyright, trade-mark and other laws.

You Are Granted a Very Limited License to Use BrainStation Services and BrainStation Content, For Personal Use Only. If You are a user of our website, You have a BrainStation account, or You are enrolled and registered in BrainStation Services and have paid any corresponding fees, You are authorized to access and use BrainStation Services and BrainStation Content only in association with buying or using BrainStation Services and subject to these Terms. 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 these Terms and 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. Apart from revoking your access to BrainStation Services, we reserve all rights in all jurisdictions to prosecute you and/or claim damages and injunctive and any other relief available at law in the event of violation of BrainStation’s intellectual property rights under these Terms.

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. If 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 Services. 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 copyright and other proprietary rights of BrainStation or its licensors. For example, You are prohibited from sharing all or part of BrainStation curriculum, course or program material on social media, the Internet, YouTube or other Internet-based sites and services.

BrainStation Trade Marks. BrainStation®, the BrainStation Brain Logo, BrainStation Remote™ and other BrainStation logos, brand elements, URLs, and product and service names used by BrainStation and its affiliates are trademarks and the property of BrainStation (the “BrainStation Marks”). All rights are reserved. 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 or as part of 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. “Student Work” is any work in any format You have submitted or completed as part of participating in or completing BrainStation Services.

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

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

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 any content posted by you on or through BrainStation Services; (ii) the posting and use of Your User Content on or through 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.

Electronic Communications. You consent to BrainStation communicating with you by e-mail or web or Internet posting and you consent to receiving e-mails and other electronic communications from us to communicate about our Services. By using BrainStation Services or providing any personal information to BrainStation, You agree and consent that BrainStation may communicate with you electronically regarding your use of BrainStation Services including promoting or making you aware of BrainStation offerings, new services and products. To withdraw your consent to receiving electronic communications from BrainStation you may e-mail [email protected].

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 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 and 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 BrainStation Services to you in the future for any lawful reason.

BrainStation may review and remove any user content at any time for any reason, including activity which, in its sole judgment: violates these Terms, 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. We Can Change BrainStation 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 of BrainStation Services or any feature, without notice or liability.

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 and affiliates and their officers, directors, employees, agents, contractors, service providers, partners, educators, 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 and affiliates, and their officers, directors, employees, agents, contractors, service providers, partners, educators, and licensors 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 LICENSORS’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH 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 GREATER OF $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.

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, this 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 writing in advance of your use of BrainStation Services.

General. These Terms and any additional written agreements or terms agreed between BrainStation and You regarding your purchase and use of BrainStation Services 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. “BrainStation” as used in these Terms means any or all of Brainstation Inc. and its affiliates as referred to in these terms as may be applicable to You and your purchase or use of or participation in BrainStation Services.

Applicable Law, Waiver of Jury Trial or Class Action, Arbitration; Local Policies, Regulations or Laws. These Terms 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 the Terms or your relationship with BrainStation resolved by mandatory individual private arbitration under the Arbitrations Act of Ontario, with the place of such arbitration to be at Toronto. These Terms or portions may vary based on local policies, regulations or laws.

Ontario and British Columbia Full-Time In-Person Programs. BrainStation’s full-time in-person programs in Ontario and British Columbia are regulated under local private career college and private training institution statutes. These programs are provided by BrainStation affiliates in those jurisdictions. Brainstation ON LP is a registered institution and provides BrainStation's full-time programs in Ontario, which are approved under the Private Career Colleges Act (Ontario), 2005. Brainstation BC LLP is a registered institution and provides BrainStation's full-time programs in British Columbia, which are approved by the Private Training Institutions Branch (PTIB) in British Columbia (click here for BC Registration Certificate). These programs are subject to additional contract terms which take precedence over these Terms and are provided to students who register for those programs. These Terms continue to apply except to the extent they are varied by those additional contract terms.

BrainStation Online Full Time Programs, Applicable Law, Waiver of Jury Trial or Class Action, Arbitration. BrainStation Online Full Time programs are provided by BrainStation LP, a Delaware corporation operating from 42 Bond Street, Sixth Floor, New York, NY 10012, USA. For BrainStation Online Full Time programs, these Terms and the legal and contractual relationship between you and BrainStation LP shall be exclusively governed by the laws of the State of New York and the state and Federal courts sitting at Manhattan. 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 LP may, upon written notice to you and in BrainStation LP’s sole discretion, elect to have any dispute arising from the Terms and your relationship with BrainStation LP resolved by mandatory individual private arbitration under the rules of the American Arbitration Association, with the place of such arbitration to be at Manhattan before a single arbitrator conducted in the English language.