Terms & Conditions
2. Proprietary Rights. The content of Brimacomb Sites includes, without limitation, (i) Brimacomb's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "Brimacomb Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through Brimacomb Sites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "Brimacomb Content"). Brimacomb Content is the property of Brimacomb, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected in all media now existing or hereafter developed, by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws, treaties, and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any Brimacomb Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from Brimacomb. For reprint requests, please contact Brimacomb . Any use of Brimacomb Marks without Brimacomb's express written consent is strictly prohibited. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in Brimacomb Content, including any such notices appearing on any Brimacomb Content.
7. Personal Login Information. Certain features and areas of Brimacomb Sites are available only with registration, login, or a paid subscription. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. Brimacomb is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact Brimacomb immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
9. User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national, and international laws and regulations with respect to your use of Brimacomb Sites and not interfere with the use and enjoyment of Brimacomb Sites by other users or with Brimacomb’s operation and management of the Sites. You further warrant that your use of Brimacomb Sites and of any data input into or generated by Brimacomb Sites shall comply with all applicable laws, regulations, and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties, or forfeitures occasioned by any such violations or lack of rights. You must, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on Brimacomb Sites, including, without limitation, information required to be provided through an online Brimacomb registration form. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, Brimacomb reserves the right to terminate your access and use of Brimacomb Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using Brimacomb Sites, or defame or otherwise harm any party through your use of Brimacomb Sites. Additionally, you agree to abide by the Brimacomb Code of Conduct.
In addition, you also agree that you will not use Brimacomb Sites to:
(a) upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that:
(i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(iii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(iv) includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(v) includes any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(b) collect or store personal data of other users of Brimacomb Sites;
(c) intentionally disrupt or interfere, whether directly or indirectly, with Brimacomb Sites in any manner that may adversely affect Brimacomb or any user of Brimacomb Sites: and
(d) intentionally or unintentionally violate any applicable local, state, national or international law.
Brimacomb retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. Brimacomb also retains the right to ban or block a user from posting on Brimacomb social media profiles without notice for a pattern of inappropriate postings or as it deems necessary. All user content must comply with the Brimacomb Code of Conduct.
11. Responsibility for Use of the Internet and Brimacomb Sites and Exclusion of Liability. Use of the Internet and Brimacomb Sites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the does not guarantee the confidentiality or security of any communication or other material transmitted to or from Brimacomb Sites over the Internet or other communication network. Brimacomb shall not be obligated to correct or update Brimacomb Sites, Brimacomb Content, the User-Generated Content, and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on Brimacomb Sites.
13. Third Party Information. Brimacomb Sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content (as defined below), or other information made available by third parties such as content providers and other users of Brimacomb Sites are those of the respective third party and not of Brimacomb or its affiliates. Brimacomb makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services, or products.
14. Notice for Claims of Intellectual Property or Copyright Infringement. Brimacomb respects the intellectual property of others, and, particularly as to User-Generated Content (as defined below) in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Brimacomb.(contact information below):
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on Brimacomb Sites;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
For notice of claims of copyright or other intellectual property infringement:
5320 W. 23rd Street
St. Louis Park, MN 55416
15. Advertisers. Brimacomb Sites may contain advertisements. The inclusion of advertisements on Brimacomb Sites does not imply endorsement of the advertised products or services. Brimacomb shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Sites. Further, shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on Brimacomb Sites. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.
Information (comments, photos, videos, etc.) you share with or post to Brimacomb social media profiles is also subject to the terms of service of the host sites and may be used by the owners of the host sites for their own purposes under the host site user policies.
17. Links to Websites, Content, Sharing of Content. Links posted by third parties to Brimacomb Sites and/or Brimacomb Content may not use Brimacomb trademark or logo and shall not suggest that Brimacomb promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of Brimacomb Sites shall be the responsibility of the linking party. Brimacomb reserves the right to require any linking party to disable or remove any link that violates Brimacomb's policies, rights, or causes interruption or deterioration of Brimacomb Content.
Sharing of Content. You may download, copy, or embed Brimacomb Content and other downloadable items displayed on Brimacomb Sites for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Brimacomb Content for any purpose other than personal use is expressly prohibited without prior written permission from Brimacomb. To request this permission, please contact Brimacomb or the copyright holder identified in the copyright notice contained in Brimacomb Content. Brimacomb reserves the right to require any party sharing Brimacomb content to disable or remove the content should its use violate Brimacomb's policies, rights, or cause interruption or deterioration of Brimacomb Content.
18. Warranties Disclaimed. Brimacomb Sites and Brimacomb Content are provided "as is" and "as available." Neither Brimacomb, its affiliates, subsidiaries, employees, officers, members, or trustees nor any of its agents, representatives, suppliers, advertisers, contractors, promotional partners, or licensors (collectively "Brimacomb parties") provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (i) Brimacomb Sites or Brimacomb Content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to Brimacomb Sites will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information or other material purchased or obtained by you through Brimacomb Sites will meet your expectations; or (iv) Brimacomb Content will remain unchanged or accessible on Brimacomb Sites. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with Brimacomb Sites or Brimacomb Content is to cease using Brimacomb Sites and Brimacomb Content.
19. Exclusion of and Limitation of Liability. Brimacomb Parties shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (i) out of the use of or inability to use Brimacomb Sites and/or any Brimacomb Content; (ii) from any interruption in the availability of Brimacomb Sites and/or Brimacomb Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from Brimacomb Sites, or transactions entered into, through or from Brimacomb Sites; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on Brimacomb Sites; (vii) from any delay or failure of Brimacomb Sites arising out of causes beyond Brimacomb’s control; (viii) out of the use of, reference to, or reliance on, Brimacomb Content; (ix) out of any third party materials, information, products and services contained on, or accessed through, Brimacomb Sites (x) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on third party websites; or (xi) out of any other matter relating to Brimacomb Sites or Brimacomb Content.
20. Exclusions permitted by law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in Sections 18 and 19 which are lawful in your jurisdiction will apply to you and Brimacomb's liability will be limited to the maximum extent permitted by law.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Northern District of Minnesota or any State of court located in Cook County, Minnesota.
27. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of Brimacomb Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
29. Social Media Non-Endorsement. Brimacomb provides opportunities for user interaction within its Brimacomb Sites and on social media profiles on sites such as Facebook, Twitter, LinkedIn, Instagram, and various blogging sites. On those social media accounts, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views, or content contained therein. Brimacomb is not responsible for content or links posted by others.
Revised January 16, 2023