Terms of Service
Agreement to Terms
Please read these Terms of Service ("Terms") carefully, as they govern your access and use of BRAVE CONSULTING LLC/Homework Suite website ("Site") and the BRAVE CONSULTING LLC/Homework Suite Student application ("App"), which are operated by BRAVE CONSULTING LLC/Homework Suite ("BRAVE CONSULTING LLC/Homework Suite ", "we", "us"). Our services, the Site, and App are collectively called the "Services". By using App you are agreeing to these terms.
Changes to the Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site, via the App, or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted the modified Terms on the Site or via the App, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Purchases and Subscriptions
We may charge fees for the use of certain products or services, or for the access and use of certain features in our Services. The applicable fees (which we may change from time to time) will be posted on the Services. We (or the App Provider as defined below) will charge the payment method you designate (e.g., credit card) for all purchases. We will also charge you for any applicable sales, use, or other taxes. These fees do not include any charges from your mobile carrier (like for any data and messaging plans), which you are responsible for paying to your carrier. All amounts are payable and charged: (i) for one-off purchases, at the time you place your order; and (ii) for subscription-based services, at the beginning of each subscription period until you cancel. You must cancel your subscription at least 24 hours before it renews. All payments made to us are nonrefundable.
Content and Content Rights
For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (ii) "User Content" means any Content that you provide to be made available through the Services. Content includes without limitation User Content.
BRAVE CONSULTING LLC/Homework Suite does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, BRAVE CONSULTING LLC/Homework Suite and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.
Who May Use the Services
You may use the Services only if you are 18 years or older and capable of forming a binding legal contract with us, or between the ages of 13 and 17 and using the Services with parental or legal guardian consent and supervision. You must also not be barred from using the Services under applicable law.
Rights in User Content Granted by You
By making any User Content available through the Services, you hereby grant to BRAVE CONSULTING LLC/Homework Suite a non-exclusive, transferable, sublicense able, worldwide, royalty-free license to access, use, copy, modify, create derivative works based upon, publicly display, and store your User Content in connection with operating and providing the Services and Content to you and your designees via the functionality of the Services. We provide the ability to share certain User Content (e.g. your BRAVE CONSULTING LLC/Homework Suite Calendar) to other people or apps at your request, but sharing your User Content through our Services should be done at your own risk.
By making any User Content available through the Services, you hereby grant to BRAVE CONSULTING LLC/Homework Suite a non-exclusive, transferable, sublicense able, worldwide, royalty-free license to access, use, copy, modify, create derivative works based upon, publicly display, and store your User Content in connection with operating and providing the Services and Content to you and your designees via the functionality of the Services. We provide the ability to share certain User Content (e.g. your BRAVE CONSULTING LLC/Homework Suite Calendar) to other people or apps at your request, but sharing your User Content through our Services should be done at your own risk. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by BRAVE CONSULTING LLC/Homework Suite on or through the Services will infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You can remove your User Content by deleting specific User Content (such as a calendar entry or an attachment) or you can also delete all of your User Content by clicking on "Delete App Data" in the Settings section of the App. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. If you or we take steps to delete your User Content, please note that some information may remain in archived/backup copies for our records or as otherwise required by law. We are not responsible or liable for the removal or deletion (or the failure to remove or delete) of any of your User Content.
Rights in Content Granted by BRAVE CONSULTING LLC/Homework Suite
Subject to your compliance with these Terms, BRAVE CONSULTING LLC/Homework Suite grants you a limited, non-exclusive, non-transferable, non-sub licensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Rights and Terms for App
Subject to your compliance with these Terms, BRAVE CONSULTING LLC/Homework Suite grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. BRAVE CONSULTING LLC/Homework Suite reserves all rights in and to the App not expressly granted to you under these Terms.
Additional Terms Regarding Apple
If you accessed or downloaded the App from Apple's App Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple Store Terms of Service. If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store) (each, an "App Provider"), then you acknowledge and agree that: • These Terms are concluded between you and BRAVE CONSULTING LLC/Homework Suite, and not with App Provider, and that, as between BRAVE CONSULTING LLC/Homework Suite and the App Provider, BRAVE CONSULTING LLC/Homework Suite, is solely responsible for the App. • App Provider has no obligation to furnish any maintenance and support services with respect to the App. • In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of BRAVE CONSULTING LLC/Homework Suite. • App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. • In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, BRAVE CONSULTING LLC/Homework Suite will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms. • App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof. • You must also comply with all applicable third-party terms of service when using the App. • You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Links, Sites, and Services
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
What kind of Ads may display on Homework Suite?
The Ads in Homework Suite are displayed through a third party partnership and should be family friendly. If you feel an ad displayed is inappropriate, contact us with as much information as possible and we will work with our advertising partners to address the situation.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your access to and use of the Services at any time by deleting the App from your mobile device. Be aware that you should click on "Delete App Data" in the Settings section of the App first to remove your User Content. Please also note that if there is no activity in your App for a year or more, we may (but are not obligated to) take steps to delete your User Content. Upon any termination, discontinuation, or cancellation of Services, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Limitation of Liability
NEITHER BRAVE CONSULTING LLC/HOMEWORK SUITE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRAVE CONSULTING LLC/HOMEWORK SUITE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL BRAVE CONSULTING LLC/HOMEWORK SUITE'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO BRAVE CONSULTING LLC/HOMEWORK SUITE FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BRAVE CONSULTING LLC/HOMEWORK SUITE, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BRAVE CONSULTING LLC/HOMEWORK SUITE AND YOU.
If you have any questions about these Terms or the Services, please contact BRAVE CONSULTING LLC/Homework Suite at support@HomeworkSuite.com.
© BRAVE CONSULTING LLC, 2015. All rights reserved.