Effective Date: September 21st, 2022
User Representations and Warranties: You represent and warrant that (a) if you are an individual, you are at least 18 years old and otherwise legally competent in all respects to enter into and be bound by these Terms or (b) if you are an entity, you are in good standing and possess all legal authority and power to enter into and be bound by these Terms. If you are a legal entity, you hereby represent and warrant that you have the authority to and do hereby bind your entity and all individuals employed or engaged by your entity that may use this Site.
Prohibited Uses :
- You shall not modify, adapt or translate this Site.
- You shall not create any derivative works based on this Site.
- You shall not reverse-engineer, decompile, disassemble or otherwise attempt to discover the source code of this Site.
- You shall not remove or obscure Bryj’s legal, copyright or trademark notices that appear on this Site.
- You shall not use this Site to post, distribute any software or other computer files that contain a virus, Trojan horse, worm or other harmful or destructive component.
- You shall not use this Site to interfere with or disrupt any network or platform.
- You shall not use this Site to access or use another user’s computer or device.
- You shall not use this Site in any manner that may to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
- You shall not use this Site to distribute any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature.
- You shall not use this Site in any manner not authorized by these Terms or in violation of any applicable law, regulation or rule.
- In case of creation of an account, you shall keep your identifying information and password confidential at all times and notify Bryj immediately in case of theft or fraudulous use of such information.
Indemnification: You shall indemnify and hold harmless Bryj (and its owners, directors, officers, employees, affiliates, agents, representatives, successors and assigns) for all losses, damages, expenses and costs (including reasonable attorneys' fees) incurred by Bryj based on, connected with or related to all third-party claims, actions, suits or proceedings that are based on, connected with or related to your breach of these Terms or any unauthorized use of this Site.
DISCLAIMER OF WARRANTIES: THIS SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. BRYJ HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS AND IMPLIED), INCLUDING WITHOUT LIMITATION, ALL WARRANTIES (A) RELATING TO THIS SITE (INCLUDING WITHOUT LIMITATION AVAILABILITY, PERFORMANCE, FUNCTIONALITY AND COMPATABILITY), (B) REGARDING THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THIS SITE, (C) THAT THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE, SUPPORT OR INFORMATION GIVEN BY OR ON BEHALF OF BRYJ WILL CREATE A WARRANTY.
EXCLUSIONS OF DAMAGES AND LIMITATIONS OF LIABILITY: IN NO EVENT WILL BRYJ BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, LOSS OF GOODWILL OR COSTS OF COVER OR SUBSTITUTE GOODS OR SERVICES) REGARDLESS OF WHETHER BRYJ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BRYJ'S LIABILITY TO YOU EXCEED FIFTY DOLLARS ($50.00). NO CLAIM OR ACTION OF ANY TYPE THAT ARISES FROM, IS BASED ON OR IS RELATED TO THESE TERMS OR THE PROVISION OF THIS SITE MAY BE BROUGHT BY YOU OR ON YOUR BEHALF MORE THAN ONE (1) YEAR AFTER THE EVENT THAT GIVES RISE TO THE CLAIM OR ACTION. YOUR RIGHTS MAY VARY FROM STATE TO STATE AND SOME JURISDICTIONS MAY NOT ALLOW EXLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS BRYJ’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Benefit of Provisions: All provisions of these Terms that disclaim warranties, limit liability and exclude damages are for the benefit of Bryj and our affiliates, partners, licensors, licensees, vendors and customers.
Intellectual Property Rights and Reservation of Rights: This Site is the intellectual property of and is owned by Bryj. You are not granted any intellectual property ownership rights in this Site. Bryj hereby expressly reserves all rights not expressly granted to you under these Terms.
Export Rules: You shall not access or use this Site in any country in any manner prohibited by the United States Export Administration Act or any other export law, regulation or rule.
Governing Law, Venue, Jurisdiction; Attorney Fees: These Terms are into in the State of California, and their validity, construction, interpretation and legal effect will be governed by the laws and judicial decisions of the United States of America and the State of California (irrespective of California’s choice of law principles) and without application of the United Nations Convention on the International Sale of Goods. Any action at law or in equity based on related to or connected with these Terms will be filed only in an appropriate State or Federal Court located in the County of Santa Clara County, California. The parties hereby irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for the purposes of litigating any such action. The prevailing party in any such proceeding shall be entitled to recover from the other party its reasonable attorneys’ fees and costs incurred in connection with such proceeding.
Entire Agreement: These Terms constitute the entire agreement between the you and Bryj relating to this Site and supersede all prior and contemporaneous agreements and arrangements, written or oral.
Severability: If any provision of these Terms is determined by a court of competent jurisdiction to be contrary to law or otherwise invalid, that provision will be enforced to the maximum extent permissible, severed from these Terms if required and the remaining provisions of these Terms will remain in full force and effect.
Waiver: No waiver will be effective unless in a writing signed by the waiving party. No single or partial exercise of any right or remedy of Byrj shall operate as a waiver or preclude any other, or further, exercise of that, or any other right, or remedy.
No Assignment: You may not sell, assign, sublicense, lend or otherwise transfer your right to access and use this Site.
Force Majeure: Without limitation of its other rights and limitations and exclusions of damages, Byrj shall not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, power failures, unavailability of the internet, acts of government, acts of war, terrorism, acts of a public enemy, fires, earthquakes, health issues such as epidemics and pandemics (such as COVID-19), acts of God, labor disputes, strikes and other labor-related activity.
Relationship of the Parties and Binding Agreement: No agency, partnership, joint venture or employment relationship is created by these Terms and neither party has the power to bind the other party. These Terms are binding upon the parties hereto and their successors, permitted assigns, heirs, executors and administrators (as applicable).
How to Contact Us: You may contact us as the following address:
Bryj Technologies, Inc.
171 Main Street #159, Los Altos, CA 94022, United States
Effective Date; Modification: These Terms are effective as of September 21st, 2022. We may modify these Terms at any time and such modified Terms will be effective immediately upon being posted on this Site. Please check this Site periodically to access these Terms as so modified. Your continued use of this Site after any such modification constitutes your agreement with the terms and conditions thereof.
Survival: The following provisions will survive the expiration or termination of these Terms: indemnification, disclaimer of warranties, exclusion of damages and limitations of liability, benefit of provisions, intellectual property rights and reservation of rights, governing law, venue, jurisdiction; attorney fees, entire agreement, severability, waiver, relationship of the parties and binding agreement and survival.