At Brisk Wellness, we strive to offer innovative, reliable technology solutions to our customers. These Terms of Use govern your use of services or features on the websites owned or operated by Brisk Wellness (“we” or “us”), including briskwellness.com.
By using our website, you signify your agreement to these Terms of Use and our Privacy Policy. If you do not agree, you should not use our website.
Important: These Terms contain provisions requiring you to resolve all disputes with Brisk Wellness through binding individual arbitration. Please review Section 8 carefully.
Your Use of the Site
You may use the Site and its content solely for your non-commercial, personal purposes. You may only use the Site for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Site in any way that violates any applicable federal, state, local, or international law or regulation.
- Use the Site to engage in conduct that restricts or inhibits anyone's use or enjoyment of the Site, or may harm ODH or users of the Site.
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site.
- Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code.
- Accumulate or index, directly or indirectly, any content or portion of the Site for any purpose.
- Data-mine, scrape, crawl, or use any robot, automatic device, or script to send automated queries to the Site.
- Use any manual process to monitor or copy any material on the Site without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Circumvent, disable, or otherwise interfere with security-related features of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or any connected server or database.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
We may take any legal action and implement any technological measures to prevent violations and to enforce these Terms.
Copyright & Trademarks
All content provided on the Site is the copyright of Brisk Wellness or its content suppliers, and is protected by U.S. and international copyright laws. You may use the Site content for personal, non-commercial purposes only — you may not copy, distribute, modify, sell, or exploit any content for commercial gain.
The Brisk Wellness name and logo are registered trademarks. You may not use our trademarks in connection with any product or service not owned by Brisk Wellness, in any manner likely to cause confusion, or in any manner that disparages or discredits Brisk Wellness.
User Content
You represent that you have all right, title, and interest to materials you post on the Site (“User Content”), and that posting such User Content does not infringe any patent, copyright, trademark, trade secret, right of privacy, or other intellectual property right of any person or entity.
You warrant that you are who you say you are, that you have not submitted fictitious or inaccurate information, and that your User Content does not contain any threatening, harassing, libelous, defamatory, offensive, obscene, or pornographic material.
Disclaimers
You acknowledge that Brisk Wellness has no control over what content you access or what effect it may have on you. You agree to evaluate and bear all risks associated with the use of any content on the Site.
Limitation of Liability
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Indemnity
To the extent allowed by applicable law, you agree to indemnify, defend, and hold harmless Brisk Wellness against all third-party claims, demands, damages, costs, penalties, fines, and expenses (including reasonable attorney's fees) arising out of or related to your use of the Site or your breach of these Terms.
Reservation of Rights
Brisk Wellness reserves the right, at any time and without notice, to terminate your right to use the Site and to block or prevent your future access to the Site. Brisk Wellness also reserves the right to investigate and take appropriate legal action against anyone who violates these Terms.
Governing Law & Arbitration
PLEASE READ THIS SECTION CAREFULLY — it requires you to resolve all disputes through mandatory binding arbitration and waive your right to class action proceedings.
Governing Law
These Terms and Conditions of Use and any action related thereto are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Florida (without regard to conflicts of law principles).
General Arbitration Process
Any dispute or claim arising out of these Terms of Use must be resolved exclusively through final and binding arbitration under the then-current Consumer Arbitration Rules of the American Arbitration Association (adr.org). Any judgment on the award is final and may be entered in any court of competent jurisdiction. The arbitration will be held in Tampa, Florida or, at your election, via videoconference.
Enforcement
Notwithstanding the above, Brisk Wellness may bring an action to enforce its intellectual property or other proprietary rights in any court of competent jurisdiction.
Equitable Relief
Brisk Wellness may seek and obtain injunctive and equitable relief in any court of competent jurisdiction without restriction.
Miscellaneous
Entire Agreement
These Terms and Conditions of Use and any supplemental terms, policies, rules, and guidelines posted through the Site constitute the entire agreement between you and us and supersede all prior or contemporaneous agreements related to this subject matter.
Assignment
Brisk Wellness may assign or transfer these Terms and Conditions of Use to any third party without consent. You may not assign or transfer these Terms to a third party without our prior written consent.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall be unimpaired and the invalid provision shall be replaced by a provision that comes closest to the parties' original intent.
Consent to Electronic Communications
By voluntarily providing your cell phone number or email address to Brisk Wellness, you agree that Brisk Wellness may contact you by telephone, SMS, MMS, or email. You may opt out of receiving text messages at any time by following the opt-out instructions. Note that opting out may impact your use of the Site.
Changes to These Terms
We may revise and update these Terms from time to time. If we change these Terms, we will post a new version on the Site and update the date. All changes are effective when posted. Your continued use of the Site following any posted revision means that you accept and agree to the changes.