Agreement to Terms of Use

These Terms of Use (“Terms of Use”) apply to the Brace Operations, LLC (“Brace” or “we”) website located at www.braceapp.com, as well as any other related websites of Brace (collectively, the “Website”), and to materials provided by us on or through the Website.

Please read these Terms of Use carefully. BY USING OUR WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE OUR WEBSITE. Brace reserves the right to update and make changes to these Terms of Use at any time, in its sole discretion. Such changes are effective immediately upon being posted to the Website, unless otherwise specified by Brace. It is your responsibility to refer back to this page from time to time for any such updates or changes.

Subject to your compliance with these Terms of Use, Brace grants you a limited, personal, non-exclusive, non-transferable and revocable right and license to access and use the Website and its contents. The Website provides certain information and services related to Brace’s software and services.

Privacy

The Website supports Brace’s athletic team software and subscription service. Brace collects and processes personal data in connection with operating the Website, its software, and its business generally. Our software and subscription service are subject to additional terms and conditions that you will be required to agree to in order to access and use them, including setting up an account with Brace. Please refer to Brace’s Privacy Policy, which informs users of our policies and practices related to collection, storage, processing, destruction, and other use of your personal data. You understand and agree that no data transmissions over the internet can be guaranteed to be 100% secure and that Brace cannot ensure or warrant the security of any information transmitted to or from us.

Restrictions on Use of Website and Brace Materials

As a condition of your use of the Website, you warrant to Brace that you will not use the Website or its contents, including text, product and service descriptions, articles, videos, software, graphics, logos and images (“Brace Materials”) for any purpose that is unlawful, competes with Brace, or is prohibited by these Terms of Use. Without limiting this warranty, you specifically agree:

You will use the Website only for its intended purposes. You will not use the Website in any manner or for any purpose that is illegal or that could damage, disable, or overburden the Website or interfere with anyone else’s use and enjoyment of the Website, our services, software, or other Brace Materials.
You will not obtain or attempt to obtain any materials or information on or through the Website through circumventing any access or use restrictions or by any other unauthorized methods, such as hacking or password mining.
You may not use any bots, spiders, page-scraping or other automated or manual processes or methods to copy or monitor this Website or any of its contents.
Any data, information or materials that you upload or post on the Website or otherwise send to Brace (“User Content”) will not contain any libelous or unlawful material or any materials or instructions that may cause harm or injury, and will not violate any person’s right of privacy or any copyright, trademark, or other intellectual property rights.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any other way use or exploit any of the content of the Website or other Brace Materials other than for their authorized purposes. Without limiting the foregoing, you may not use or reference any Brace Materials in order to create a competing product or service. You will use Brace Materials solely for your own internal business use, unless you’ve obtained the express written permission of Brace and the copyright owner (if the materials are owned by a third party).
You will not delete or alter any proprietary rights or attribution notices in any content or Brace Materials obtained through the Website.
You agree that you do not acquire any ownership rights in any content posted by Brace, its licensors, or other third parties, or in any Brace Materials. We do not grant you any licenses,express or implied, to any Website content or Brace Materials except as expressly provided in these Terms of Use, in connection with such content or materials, or as contained in a binding contract between you and Brace.

Indemnification

You will indemnify and hold harmless Brace and our affiliates, officers, employees, agents, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your User Content, your improper use of the Website or Brace Materials, or your violation of these Terms of Use.

Suspension or Termination of Account or Website Access

Brace reserves the right, in its sole discretion, to suspend or terminate your subscription service account or your access to the Website, to terminate or delete any content (including your User Content) or Brace Materials, and/or to cease providing any related services at any time, without notice and without any liability to you, for any reasonable cause, including without limitation your breach of these Terms of Use, requests by law enforcement or other government agencies, discontinuance or modification of the Website, or technical problems.

Third Party Linked Sites and Services

Certain services made available through the Website or our software are delivered by third party websites that the Website links to (“Linked Sites”), such as social media, credit card processing, and seminar registration. The Linked Sites are not operated or controlled by Brace, and Brace is not responsible for any of the contents of any Linked Sites, including any additional links contained in a Linked Site, or for any products or services provided by such third parties. Brace is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Brace of the site or any association with the owners or operators of the Linked Site.

Your personal data and information may be shared with the third parties who provide services to Brace and our customers, including Linked Sites (for example, credit card processors), where permitted by law and subject to your consent if required by law or by the Privacy Policy. Please see the Privacy Policy for additional details.

Ownership

All Brace Materials are the property of Brace or its suppliers or licensors. All Brace Materials are protected by copyright and/or other laws that protect intellectual property and proprietary rights. You agree to comply with all copyright and other proprietary notices, legends and other restrictions applicable to any Brace Materials.

Your personal data and any data, information or materials you upload or post on the Website (“User Content”) remains your property, subject to the rights of use contained in these Terms of Use and the Privacy Policy. If you provide any suggestions, ideas or feedback to Brace (“Feedback”), Brace shall have a royalty-free, worldwide, irrevocable, perpetual license to use such Feedback and incorporate it into Brace’s software, products and services.

Disclaimer of Warranties

EXCEPT AS OTHERWISE EXPRESSLY AGREED BETWEEN YOU AND BRACE IN A LICENSE AGREEMENT OR OTHER CONTRACT, THE WEBSITE, ITS CONTENTS, AND ALL BRACE MATERIALS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES AND WITH ALL FAULTS, AND BRACE AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, WHETHER ARISING BY LAW, BY REASON OF CUSTOM OR USAGE OF TRADE, OR BY COURSE OF DEALING. BRACE DOES NOT WARRANT THAT THE WEBSITE, BRACE MATERIALS OR ITS SERVICES ARE ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BRACE OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE SPECIFIED IN A WRITTEN AGREEMENT SIGNED BY BRACE, IN NO EVENT SHALL BRACE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OR LIABILITIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE OR YOUR USE THEREOF, INCLUDING FAILURE OR INADEQUACY OF OR INABILITY TO USE THE WEBSITE OR BRACE MATERIALS OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BRACE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so some of these disclaimers or limitations may not apply to you.

Takedown Notices

We respect the intellectual property rights of others and we expect our users to do the same. If you believe any materials or content on the Website are infringing, please notify us as specified in the “Brace Contact Information” section below. We will respond to such notices, consistent with the Digital Millennium Copyright Act and other applicable laws.

International Users

The Website is controlled, operated and administered by Brace from our offices within the USA. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws.

General Terms

These Terms of Use are governed by the laws of the State of Washington, USA. You consent to the exclusive jurisdiction and venue of courts in Pierce County, Washington in all disputes arising out of or relating to the use of the Website or Brace Materials. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this section.

Brace’s provision of the Website and its other products and services is subject to existing laws and legal process, and nothing contained in these Terms of Use limits Brace’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or your User Content.

If any provision of these Terms of Use is held by a court or other authority to be invalid or unenforceable, such provision shall modified to the minimum extent necessary or replaced with a valid provision that best embodies the intent of these Terms of Use, or if it cannot be so modified, then severed, and the rest of these Terms of Use shall remain in full force and effect.

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Brace with respect to the Website. Except for the Privacy Policy and any binding contract between you and Brace, these Terms of Use supersede all other prior or contemporaneous communications and understandings, whether electronic, oral or written, between you and Brace with respect to the Website.

Brace’s failure to enforce or exercise any provision of these Terms of Use is not a waiver of that provision. Any course of conduct between you and Brace will not be deemed to modify any provision of these Terms of Use. Except as otherwise provided herein, these Terms of Use may be modified or amended only by a separate written agreement signed by an authorized official of Brace.

Brace Contact Information

You may send us notices, questions or comments regarding these Terms of Use at the following:

Brace Operations, LLC

4616 25th AVE NE PMB 770

Seattle, WA 98105

USA

Email: admin@braceapp.com

Telephone number: +12065541169

Last updated April, 2024