Terms and Conditions
30 Day Money Back Guarantee
- ACCEPTANCE OF TERMS
Subject to the following Brinn Marketing Terms and Conditions (the “Terms”),Brinn Marketing, LLC (“Brinn”) provides this website, services, products, and content (collectively, the “Site”) to you. Your access or use of the Site, and any Brinn services constitutes your agreement to all such terms, conditions, policies, rules, procedures, and notices (collectively, the “Agreement”). If you do not agree, you may not access or use the Site, or use Brinn services. These Terms, and the Site, may be updated from time to time without notice to you.
- DESCRIPTION OF SERVICE
Brinn provides you with access to download and/or purchase a collection of resources, products, and services through this website (the “Service”). Unless explicitly stated otherwise, any updates, new features, or new products shall be subject to the Terms. You understand and agree that the Service is provided “AS-IS” and thatBrinn assumes no responsibility for the timeliness, deletion, delivery of its products, or failure to store any user communications, subscription, or user setting.
- MODIFICATIONS TO SERVICE
Brinn reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree thatBrinn shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
Brinn may change, add or remove any part of this Agreement, or any other terms associated with the use of the site, at any time. Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to useBrinn properties after the notice is posted, you are indicating your acceptance of those changes.
- SUBSCRIPTIONS & AUTOMATIC RENEWAL
AllBrinn services are sold as an automatically recurring subscription that renews monthly on the anniversary of the purchase date.
This subscription will automatically renew at the end of the license term unless the purchaser cancels their subscription prior to the automatic renewal date.
Subscription renewals are automatically processed either monthly on the anniversary of your original purchase, or yearly, depending on the type of subscription plan you have purchased. The license renewal will continue and remain valid for each one (1) month or (1) year unless the subscription is canceled prior to the renewal date.
You may cancel your subscription at any time by emailing email@example.com.
If you choose to cancel your subscription you will no longer receive updates and support for anyBrinn product or service when your service expires.
The renewal price will be the full-service price as published at the time of initial purchase, exclusive of any discounts.
Grandfathered pricing: If you choose to cancel your subscription, and your renewal price is lower than the current listed price for your service (a “grandfathered” price), the lower renewal price will no longer be available to you.
If you choose to renew your subscription after it has been canceled and your service has expired, you will be charged the current listed price for your service. We cannot apply older or grandfathered pricing to your new renewal purchase.
- LIMITED, NON-EXCLUSIVE LICENSES OFFERED.
You have one limited, non-exclusive license option when purchasing anyBrinn product or service:
General Public License
You may modify the purchased product(s) or service as you wish.
Stock photos are not included with the purchase.
Photoshop files are copyrighted and may not be re-distributed in any way, shape, or form.
- SPONSORS, THIRD PARTIES AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties, or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree thatBrinn shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties, or advertisers on the Service.
Brinn may provide, or third parties may provide, links to other websites or resources. BecauseBrinn has no control over such sites and resources, you acknowledge and agree thatBrinn is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree thatBrinn shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRINN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
b. BRINN MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, PRODUCTS, AND THE SERVERS ON WHICH THE WEB SITE, PRODUCTS, AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRINN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e. THIS WEB SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY BRINN OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
f. INFORMATION, PRODUCTS, AND/OR CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY BRINN AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WITH REGARD TO THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THIS SITE, IN NO EVENT SHALL BRINN OR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE 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 BRINN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS PARAGRAPH SHALL ALSO APPLY TO (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 6 AND 7 MAY NOT APPLY TO YOU.
- INTELLECTUAL PROPERTY INFORMATION
All materials on this site (”Online Materials”), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, blog posts, audio clips, themes, video clips, software, and other elements making up the Service are protected by copyrights, trademarks and other intellectual property rights owned and controlled by Brinn or by other 3rd parties. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, distributed, or resold in any way, or otherwise used for any purpose, without the prior written permission ofBrinn or the respective owners. Unless otherwise specifically allowed by these Terms, you may not add, delete, distort, or otherwise modify the content or the products provided by this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is strictly prohibited.
Brinn and its respective logos, product names, and service names are trademarks ofBrinn. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made.
a. NON-WAIVER: The failure ofBrinn to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the 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 the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
b. INDEMNIFICATION: You agree to indemnify, defend and holdBrinn harmless from any claims and expenses, including reasonable attorneys’ fees, arising from or related to any breach by you of any terms of this Agreement.
c. PRIVACY: You can readBrinn’s privacy statement here.
d. RESTRICTIONS ON USE: You may not useBrinn’s site, content, products, or services for any illegal purpose or in any manner inconsistent with these Terms. You agree to use yourBrinn membership solely for your own use and purposes and not for resale or other transfer or disposition to any other person or entity.
e. SEVERABILITY: If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force.
f. CHOICE OF LAW AND FORUM: This Agreement will be governed by the laws of the State of North Carolina. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of North Carolina and you agree to personal jurisdiction by the state and federal courts sitting in Raleigh, North Carolina. The parties hereby expressly waive trial by jury in any action, proceeding, or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and agree to submit to binding arbitration.
g. REFUSAL OR DISCONTINUANCE OF SERVICE:Brinn reserves the right to refuse, terminate, or restrict service to any user for any reason or no reason at all.
h. HEADINGS FOR CONVENIENCE ONLY: The section titles in the Terms are for convenience only and have no legal or contractual effect.
i. WEBSITE & PLUGIN CONTENT: All content found on any site owned and operated byBrinn and through the Service including images, documentation, support queries, and any other information is property ofBrinn and may not be redistributed without permission or consent.
j. PRICE CHANGES:Brinn reserves the right to modify, change, cancel or upgrade a plugin subscription and/or service without prior notice or consent. Prices of all products and services are subject to change without prior notice or consent.
k. AUTOMATIC UPDATES: Automatic updates are available to clients who have an active and valid subscription and service. Automatic updates are available for allBrinn products and services. Automatic updates are available as long as the service remains in a valid and active state with Brinn.
l. EMAIL:Brinn may occasionally send you emails related to the purchase of product(s) and services from our company. We may also send you occasional email newsletters relating to anyBrinn product or service updates, promotions and the like. We will never sell or release your email to any third party vendors. You may opt-out of these emails at any time without penalty.
m. ENTIRE AGREEMENT: This Agreement and any other terms and conditions of service on anyBrinn property constitute the entire agreement between you andBrinn and govern your use of the Service.