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BRAVE THINKING INSTITUTE READY-MADE WEBSITES TERMS OF SERVICE AGREEMENT

 THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.
 
 

 1.   Electronic Agreement.

 This Agreement is an electronic contract that sets out the legally binding terms of your use of the Ready-Made Websites. This Agreement may be modified by Brave Thinking Institute from time to time, such modifications to be effective upon posting by Brave Thinking Institute on any of its Websites. By accessing and/or using the Ready-Made Websites, and/or Products, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein.
 
 

2.   Access and Retention
 

In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
 
 

 3.  Your Use of the Ready-Made Websites
 
 You agree to comply with the following conditions regarding the installation and use of the selected ready-made website:
 

1. These ready-made websites may only be downloaded and used by certified Brave Thinking Institute Coaches. We have created this website as a tool to assist you in operating a successful coaching business. 
     
2. As stipulated by law, we cannot and do not guarantee that you will get any results or make any money from the websites provided. Ultimately, your results are determined by your level of awareness, expertise, actions you take, and the service you provide. Testimonials or financial figures mentioned in emails or referenced on our website should not be considered as exact, actual, or a promise of future earnings - all numbers are illustrative only. Having said that, we believe in you and are here to help you succeed as a coach.
    
3. You may not transfer, share, distribute or otherwise use or exploit any Content on or from the provided website, except (i) where such Content is created by you (such content, “Your Content”), or (ii) as permitted under these Terms of Service, and within the parameters set by the person or entity that uploaded the Content (the “Uploader”) (for example, under the terms of Creative Commons licenses selected by the Uploader).
    
4. You must not use bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log-in, post comments, or otherwise act on your behalf, particularly where such activity occurs multiple or repetitively. You must not offer or promote the availability of any such techniques or services to any other users of the Websites.
    
5. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites (other than Your Content).
    
6. You must not rent, sell or lease access to the Websites, or any Content on the Websites. However, this will not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
    
7. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. This is for example, by registering an account in the name of another person or company, or sending messages or making comments using another person's name.
    
8. You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

 any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually  explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Brave Thinking Institute’s sole and reasonable discretion;
 
 any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
 
 any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Brave Thinking Institute’s sole and reasonable opinion;
 
 any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
 
 

9. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
    
10. You agree to comply with the above conditions and acknowledge and agree that Brave Thinking Institute has the right to take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include court action and/or reporting offending users to the relevant authorities.

4.   Technical Support. 

You are responsible for all aspects of running your business, including this website. Brave Thinking Institute is not responsible for any support or services after the download of this website – including installation, hosting or technical support of any kind. You are responsible for all related services including purchasing of your domain name, hosting, email, installation, customization, updates to plugins or software, website backup, technical support, maintenance or any ongoing changes and additions that you may require for your website.
 

5.  Suggested or Referred Third-Party Vendors. 

Use of any referred support vendors for your website and any related services is entirely at your own risk. Brave Thinking Institute does its best to vet that a suggested hosting company or any other referred party is reputable and capable of handling the services they are hired to provide. However, any agreement is strictly between you and the third party you hire. Brave Thinking Institute is not responsible for or liable in any way for the services contracted by you and any third party.
 

6.  Ready-Made Website Platforms
 
 These ready-made websites are developed using a combination of third-party software solutions (this includes but is not limited to: WordPress, Elementor CMS, Themes & Plugins, Fonts, Integrations, Widgets). Those solutions will be configured for use in the ready-made websites. However, all software and code owned by third parties will be used within the license agreement of its respective owners.
 
 To that effect, neither you nor Brave Thinking Institute own such third-party software or code, and you may only use such software or code within the license agreement rules.
 
 

7.  Plugins
 
 Our ready-made websites are built on WordPress and Elementor, and are designed for the life coach industry.

Some plugins may already be installed for you, depending on the Website platform you selected. Some may require additional configuration by you, to suit your needs. This product does not include perpetual theme and plugin licenses, or any updates or maintenance required for ongoing use.

 Brave Thinking Institute is not responsible for anything related to the hosting of your website, the software or plugins installed on your site or the ongoing security or functioning of your website. You are solely responsible for the hosting, ongoing updates, security and maintenance required for your website and any existing plugins and software installed, or for any new plugins and software you may install.

 
8.   Design (visual components of the site)
 
 Third-party photography, stock imagery, and copyright materials remain the property of the respective third party and will be used under the license agreement under which they are licensed. Brave Thinking Institute agrees to provide access to the terms of the license relating to such third-party copyright, if requested by the Client. You are responsible for the ongoing monitoring and updates of any plugins or software used in your website.
 

9.  Commercial Use of Provided Ready-Made Websites
 
 If you are using the provided ready-made websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:

1. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to these Terms of Service;
    
2. You have read and understood these Terms of Service; and
    
3. You agree to these Terms of Service on behalf of the Subscribing Entity.
    
4. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites is with Brave Thinking Institute's permission, which may be revoked at any time, for any reason, at Brave Thinking Institute’s sole discretion.
    
    

10.  Agreement Term & Termination
 
 While you (the client) uses any Brave Thinking Institute ready-made website, this Agreement will remain in full force and effect.

 
11.   Modifications to Service.
 
 It is Brave Thinking Institute's right to modify or discontinue, temporarily or permanently, the offering of ready-made websites at any time. Client agrees that Brave Thinking Institute will not be liable for any product modifications, suspensions, or discontinuations.
 
 
12. Liability for Content.
 
 As a user of Brave Thinking Institute’s ready-made websites, you acknowledge and agree that Brave Thinking Institute does not review the Content you create or upload. It is not the responsibility of Brave Thinking Institute, its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, or shareholders to monitor the Websites for inappropriate Content, content that violates or might violate the rights of third parties, or content uploaded in violation of these Terms of Service.
 
 Brave Thinking Institute and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Websites by users, or on behalf of a user, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites.
 
 Using the ready-made websites constitutes your irrevocable waiver of any claim against Brave Thinking Institute, its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, or shareholders.

13. Limitation of Liability.
 
 Neither Brave Thinking Institute nor its employees are responsible for any damages, whether direct, indirect, general, special, compensatory, consequential, or incidental, arising from or relating to the ready-made websites, products or services.
 
 There are no promises, covenants, or guarantees made by Brave Thinking Institute or its employees or agents on its ready-made websites, products or services or any written or oral communication. All of these are explicitly disclaimed hereby, contrary to the statements and disclaimers contained herein.
 
 All ready-made websites are offered "as is" without any warranty, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Neither Brave Thinking Institute nor its affiliates make any representations or warranties concerning the ownership, accuracy, completeness, or adequacy of the Websites' content or that the functionality of the Websites will be uninterrupted or error-free. By using the Websites, you acknowledge that you are doing so at your own risk.
 
 UNDER NO CIRCUMSTANCES SHALL BRAVE THINKING INSTITUTE, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES, PRODUCTS OR SERVICE, OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF BRAVE THINKING INSTITUTE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
 
 TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL BRAVE THINKING INSITUTE HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF BRAVE THINKING INSTITUTE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

 14. Indemnity by You.
 
 You agree to indemnify and hold Brave Thinking Institute, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
 

1. your use of the ready-made websires in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
    
2. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Websites, and/or your making available thereof to other users of the websites and/or the actual use of Your Content by other users of the Websites in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content;
    
3. any activity related to your account, either by you or by any other person accessing your account with or without your consent.
    
    

15.  Attorney Fees.
 
 Should Brave Thinking Institute succeed in whole or in part in any action or proceeding related to or arising from this Agreement, you will be liable for Brave Thinking Institute's attorneys' fees.
 
 
16.   Jurisdiction and Choice of Law; Dispute Resolution.
 
 If there is any dispute arising out of the Ready-Made Websites, by using the Websites, you expressly agree that any such dispute shall be governed by the laws of the State of California, USA without regard to its conflict of law provisions, and you consent and agree to the exclusive jurisdiction and venue of the state and federal courts in any dispute involving the Ready-Made Websites.
 
 In accepting this Agreement, you consent to being sued in such courts and to accept service of process outside the State of California to the same extent as if such service had been made within the State of California. This agreement shall have the same force and effect as if service were affected by personal service in the jurisdiction in question. Any part of these terms that is unlawful, void, or unenforceable will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
 
 

17.  Arbitration Provision/No Class Action.
 
 Except where prohibited by law, as a condition of using the Ready-Made Websites, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Websites, Products and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the State of California for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the State of California before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree.
 
 An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of California, County of Unites States of America. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of California, County of United States of America.
 
 
18.   No Third Party Beneficiaries.
 
 You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
 
 
19.   Entire Agreement.
 
 This Agreement contains the entire agreement between you and Brave Thinking Institute regarding the use of the Websites, Products and/or the Service.
 
 
20.   Severability; Waiver.
 
 If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Brave Thinking Institute’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Brave Thinking Institute’s ability to enforce such term at any point in the future.
 
 

21.  Headings
 
 The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. CONTINUED USE AFTER THE DOWNLOAD BRAVE THINKING INSTITUTE READY-MADE WEBSITES IS CONSIDERED ACCEPTANCE AND THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.