Terms Of Use

Welcome to the Terms of Use for the braintrustinc.com website ® (the "Website"). Please read this web page carefully - it states the Terms of Use under which you may access, interact with, and otherwise use the Website. As used herein, the words "user", "you" and "your" mean users of the Website and the words "we", "our", and "BrainTrust" mean BrainTrust, Inc., the owner and operator of the Website. These terms of use constitute a binding legal agreement (the "Agreement") between you and BrainTrust.

By using the Website you agree to be legally bound by the terms and conditions set forth in this Agreement. If you do not accept the terms stated here, do not use the Website. This Agreement is subject to change and may be modified at any time, and any such modification shall be effective immediately upon posting of the modified agreement on the Website.

Your right to use the Website will terminate immediately, without any further action by BrainTrust, if you breach any terms of this Agreement. BrainTrust may terminate your use of the Website at any time, with or without reason.

General Terms

The Website is a venue with the sole purpose of connecting highly qualified professionals with part-time and project based work. Our mission is to provide valuable information to users; however, there may be content provided or generated by third parties that is incorrect. The Website may contain inaccuracies or typographical errors.

Information on the Website has been obtained from businesses, individuals and other third party sources. We do not have control over the listings published on the Website, and are not an employment or other agency, merchant of goods or services, broker, dealer, sales representative, middleman or other intermediary. Any agreements or business relationships you enter into with another person or entity, or decisions you make facilitated through the Website are strictly your own. The publication on the Website of any listing does not constitute or imply an endorsement or recommendation by BrainTrust or an assurance of legality, quality or safety by BrainTrust. BrainTrust shall not be responsible for any offer, sale, purchase or other transaction made, content posted, or other communications made by anyone posting information or offering services on the Website.

BrainTrust is not obligated to screen communications or postings in advance and is not responsible for screening or monitoring the Website or its posted content. However, you acknowledge and agree that we have the right to monitor the Website electronically from time to time in our sole discretion, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect BrainTrust or its users.

If we are notified of communications or content that allegedly do not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of the content or termination of use of the Website. We have no liability or responsibility to users for performance or nonperformance of such activities. If you view content or receive communications allegedly inconsistent with this Agreement, you may send an e-mail to info@braintrustinc.com stating the observed behavior. Following receipt of such correspondence, decisions will be made regarding user terminations, removal of posted content, or other actions deemed appropriate by BrainTrust in its sole discretion. All decisions made by BrainTrust are final and do not imply nor impose, on BrainTrust, any responsibility or liability for the form, intent, or accuracy of the original, or any future, posted content by or communications between anyone.

THE USE, POSTING, DISTRIBUTION, OR PUBLICATION OF ANY CONTENT OR INFORMATION DOES NOT CONSTITUTE OR IMPLY AN ENDORSEMENT, RECOMMENDATION, ADVICE, OPINION OR COMMENT BY BRAINTRUST NOR AN ASSURANCE OF LEGALITY, QUALITY OR SAFETY BY BRAINTRUST. WE CANNOT GUARANTEE, AND ASSUME NO RESPONSIBILITY FOR VERIFYING, THE TRUTHFULNESS OR ACCURACY OF THE INFORMATION PROVIDED BY OTHER USERS OF THE WEBSITE.

BrainTrust is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Website in meeting the objectives of users. BrainTrust does not guarantee that listings posted by users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any user.

The Website is for use by adults only. By using the Website you represent that you are eighteen (18) years of age and older.

Copyright, Trademark and Other Restrictions

BrainTrust®, the BrainTrust$® logo and other marks are tradenames and trademarks of BrainTrust. BrainTrust's tradenames and trademarks may not be used by the user in connection with any product or service that is not offered by BrainTrust, in any manner that is likely to cause confusion in the marketplace, or that disparages or discredits BrainTrust. Other trademarks, product names and company names or logos used on the Website are the property of their respective owners.

Any information, materials, suggestions, ideas or comments that you post on the Website will be deemed non-confidential. By submitting any such information, you are granting BrainTrust an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information, materials, suggestions, ideas or comments for any purpose whatsoever.

You may not use the Website or the Material in any manner, or post, transmit, display, publish or distribute any content, that: violates this Agreement; infringes the copyright, trademark, trade secret or other intellectual property rights of others; violates the privacy or publicity or other personal rights of others; is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, sexually explicit or parody image or text, chain letters or pyramid schemes, or violates applicable laws, including without limitation, employment or discrimination laws and regulations.

Except as specifically authorized in advance by BrainTrust, users may not deep-link to the Website for any purpose or use any robot, spider or other automatic device or process to monitor or copy any portion of the Website.

Infringement Notices

It is BrainTrust's policy to respond to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this Site: info@braintrustinc.com .

To be effective, the notification must be a written communication that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Disclaimers and Limitations

The website and the material are provided on an 'as is' and 'as available' basis without any warranties of any kind. To the fullest extent permitted by law, BrainTrust disclaims all warranties, including the warranty of merchantability, non- infringement or third party rights, and the warranty of fitness for a particular purpose. BrainTrust makes no warranties about the accuracy, reliability, completeness, intent, usefulness, or timeliness of the material, content, services and links.

The Website may provide links to a external Web sites. Any Web site you may access through the Website is independent, and BrainTrust has no control over, or responsibility with respect to, the information provided or activities undertaken by any such Web site. You need to make your own independent decisions regarding your interactions or communications with any other Web site.

In no event shall BrainTrust, its affiliates, agents, suppliers, partners and their respective officers, directors, employees, contractors and agents (in each case, a "Released Party") be liable for any damages whatsoever (including without limitation, direct, indirect, incidental, consequential, punitive and exemplary damages, lost revenues, or damages resulting from lost data, inconvenience or business interruption) resulting from the use or inability to use the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not such Released Party is advised of the possibility of such damages. In no event shall any Released Party be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance on this Website or the information contained herein. In no event shall the aggregate liability to you for all claims directly or indirectly arising from the use of the Website exceed one dollar ($1.00). Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this agreement are material bargained for bases of this agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement.

Indemnity and Release

As a material inducement to provide you with use of the Website, you hereby indemnify, defend and hold each Released Party harmless from and against any and all demands, damages, liability, claims, actions, demands and costs incurred by such Released Party in connection with any claim arising out of any breach by you of this Agreement, including, reasonable attorneys' fees and costs.

If you have a dispute involving the Website with a third party, you release each Released Party from all claims, demands, damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Privacy

Disclosure and use of information obtained from users is subject to BrainTrust's Privacy Policy.

Governing Law and Jurisdiction

This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in Boston, Massachusetts where BrainTrust has its principal place of business. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Questions

If you have any questions or concerns about these Terms of Use, you can contact us by e-mail us at info@braintrustinc.com