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Terms of Use
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These Terms of Use ("Terms") govern your access to and use of the website located at itsbrandwise.com, and any related services, content, and features offered by BrandWise ("BrandWise," "we," "us," or "our") (together, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1. Eligibility; Use by Minors
The Services, including our Social Media Literacy & Wellness Certification, are designed for use by individuals of varying ages, including minors under the age of 18 and children under the age of 13. If you are under 18, you may use the Services only with the involvement, consent, and supervision of a parent or legal guardian, who agrees to these Terms on your behalf. If you are a parent or guardian enrolling a child in the Certification, you represent that you have the authority to do so and agree to these Terms on behalf of your child.
2. The Services
BrandWise provides an accredited Social Media Literacy & Wellness Certification and related educational content for individuals, families, schools, and organizations, delivered online. We are a new and growing company, and the features, content, format, and availability of the Services may change, be added, or be discontinued at any time, with or without notice, at our discretion.
3. Accounts
Certain features of the Services may require you (or, for a minor, your parent or guardian) to create an account. You agree to provide accurate information and to keep it up to date, to keep your account credentials confidential, and to notify us promptly of any unauthorized use of your account. You are responsible for all activity that occurs under your account.
4. Purchases & Certification Enrollment
- Pricing for the Certification and any other paid offering is displayed on the applicable page at the time of purchase, and may include promotional, pre-order, or limited-time pricing that is subject to change.
- All payments are processed by our third-party payment processor, Stripe. We do not store your full payment card information.
- Refunds: we currently offer a refund if you contact us within 14 days of your purchase, as described in our FAQ. We may update our refund practices from time to time; the version in effect at the time of your purchase, as stated on our website, will apply.
- Completion of the Certification does not guarantee any particular outcome, employment, admission, or result, and BrandWise makes no representation that the Certification will be recognized or accepted by any particular school, employer, or third party.
5. Acceptable Use
You agree not to:
- Use the Services for any unlawful purpose or in violation of these Terms;
- Attempt to gain unauthorized access to the Services, other accounts, or related systems or networks;
- Interfere with or disrupt the integrity or performance of the Services;
- Copy, reproduce, distribute, or create derivative works from Certification content or other materials provided through the Services, except as expressly permitted;
- Misrepresent your identity or, if applicable, your authority to act on behalf of a child, school, or organization;
- Use the Services to harass, abuse, or harm another person.
We reserve the right to suspend or terminate access to the Services for anyone who violates these Terms.
6. Intellectual Property
The Services, including all Certification content, text, graphics, logos, the BrandWise name and marks, and other materials, are owned by BrandWise or our licensors and are protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Certification content for your personal, non-commercial educational use (or, for schools and organizations, for internal training purposes as agreed in a separate order or agreement). No other rights are granted.
7. Feedback
If you provide us with feedback, ideas, or suggestions about the Services, you agree that we may use them without restriction or compensation to you.
8. Third-Party Services
The Services may include or link to third-party services, such as our payment processor or hosting provider. We are not responsible for third-party services, and your use of them is subject to their own terms and policies.
9. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BRANDWISE AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO BRANDWISE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
11. Indemnification
You agree to indemnify and hold harmless BrandWise and its officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms or your misuse of the Services.
12. Termination
We may suspend or terminate your access to the Services at any time, with or without cause or notice. You may stop using the Services at any time. Provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, disclaimers, and limitations of liability.
13. Dispute Resolution; Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising from or relating to these Terms or the Services will be resolved through binding arbitration on an individual basis, and not as a class, collective, or representative action, except that either party may bring an individual action in small claims court. You and BrandWise each waive any right to a jury trial or to participate in a class action.
14. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date above. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
15. Miscellaneous
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver of that provision. These Terms, together with our Privacy Policy and any order or agreement applicable to your purchase, constitute the entire agreement between you and BrandWise regarding the Services.
16. Contact Us
Questions about these Terms can be sent to hello@itsbrandwise.com.